Abstract

The Upazila System is the Second tire of the local Govt. of Bangladesh.
This system is the successor of the previous sub-division which was
introduced by the ex military autocrat HM Erashad. The local
government Ordinance 1982, provided details on the structure and
functions of the Upazila. The Upazila replaced the oldest institution
called Thana. It has been created as a local administration under the
decentralization program of the Government. Therefore, present study
aimed to analyze and to evaluate the local government system, the
Upazila System, its origin, development, composition, functions in old
and recently promulgated new format i.e. in local government
Ordinance 1982 and Upazila Parishad Act. 2009 (mainly 1982) format
etc.

Foreword
Local government is very essential for the development of country;
local government means the decentralization of administrative powers
into different local bodies. Bangladesh has experienced various types
of developmental models since the end of British Colonial rule, and
also during the period of Pakistan (1947-1971). Since 1971 as an
independent state Bangladesh has established her own administrative
system. The results of such development efforts have not been very
encouraging, in spite of some evidence of growth at certain brief
stages, the curative effect has been rather depressing, overall
economic condition has deteriorated, particularly distressing it’s the
fact that gaps between groups of people have widened. The second
tire of rural local government in Bangladesh is the Upazila Parishad.
The system of Upazila Parishad came into the process of
decentralization of administration. One of the most significant current
policy initiatives in Bangladesh is the decentralization of administration
in order to ensure peoples participation in local administration
particularly in the formation and implementation of development
activities which affect their lives. As the first step towards this process,
the 460 of the country have been upgraded in to Upazilas with
functional and financial powers. The Upazila system has been playing
significant Role in ensuring public participation in mass level, which is
considered as the key of democracy. It can ensure the accountability
and transparency of the government. In Bangladesh the rural
development is obviously possible through an effective, free and
political interference free Upazila System. It also ensures the
decentralization of power.

Local Government
Local Govt. is a term used in the decentralization of administration of a
country. Local governments are administrative offices that are smaller
than a state. The term is used to contrast with offices at nation-state
level, which are referred to as the central government, national
government, or (where appropriate) federal government.

Duane Lockard defines “local government as a public organization

authorized to decide and administer a limited range of public policies
within a relatively small territory, which is a sub-division of a regional
or national government. It is at the bottom of a pyramid of
government institutions, within the national government at the top
and intermediate governments (of states, regions, provinces)
occupying the middle rung.”

“Local Government is meant for management of local affairs by locally

elected persons. If Government's officers or their henchmen are
brought to run the local bodies, there is no sense in retaining them as
Local Government Bodies." (Kudrat-E-Elahi Panir Vs. Bangladesh
44DLR(AD)(1992).

In modern nations, local governments usually have same powers as

national governments do. They usually have some power to raise
taxes, though these may be limited by central legislation. In some
countries local government is partly or wholly funded by subventions
from central government taxation. Common names for local
government entities include state, province, region, department,

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county, prefecture, district, city, township, town, borough, parish,
municipality, shire and village. However all these names are often
used informally in different countries & local government is the legal
part of central Government.

Local Government in Bangladesh

In Bangladesh we can find types of local government bodies that are
rural local government and Urban Local Government. In Rural Local
Government is divided into 4 tires that are Zila Parishad, Upazila
Parishad, Union Parishad and the Gram Parishad. And the Urban Local
Government can be divided into 2 tires, Pourashava (for smaller
Municipalities) and City Corporation (for four of the largest cities) are in
order. After a series of evolution it get the present shape.

Rural Local Government Urban Local Government

1. Zila (District) Parishads (64). 1 City Corporations (6)
.
1. Thana/Upazila Parishads (460); 1 Paurashavas (286)
.
1. Union Parishads (4403);
2. Gram (Village) Parishad,
(40,000);
The Local Government structure in Bangladesh:

The Upazila Parishad

The Upazila Replaced the oldest institution in Bangladesh called the
Thana. It was a nation-wide reform. The significant change in the rural
government was the insertion of the term “Upazila” replace the word
“Thana”. Generally, an Upazila corresponds to a “Thana”, although in
some places two Thanas have been united as one Upazila. Literally,
Upazila means Sub-Distrit. Our concerning topic is the Structure,

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Composition, Power & Functions of the Upazila Parishad. Now we shall
discuss it in accordance with the local government ordinance 1982,
which was promulgated by the ex-military ruler HM Ershad. Now in
Bangladesh there have 482 Upazilas and 599 administrative thanas.

Composition of Upazila Parishad. (Old format)

A Parishad shall consist of
(a) A Chairman,
(b) Representative members,
(C) Three women members
(d) Official members
(e) Chairman of the Upazila Central Co-operative Association within the
Upazila and
(f) One nominated member.

Composition of Upazila Parishad- according to 1982 Ordinance.

Note: Representative and nominated members are voting members

within the Upazila Parishad, and Official members are non-voting
members designed by the govt. among the officials of the Upazila.

This Figure indicated that Upazila Parishad consists of a chairman

elected by all voters within Upazila. All chairman of the Union
Parishads; Paurashavas located within the Upazila; the Chairman of the
Thana Central Cooperatives Association; three women nominated by
Government ; and official members as designated by the government
among the official at the Upazila level are members of the Upazila
Parishad. The chairman of the Upazila Parishad is to be elected directly
by the voters of entire Upazila on the basis of adult franchise. Until
election of Chairman of Upazila Parishad, the chief executive officer
(UNO) of the parishad has been authorized to act as chairman.

Functions of the Upazila Parishad According to 1982

ordinance.

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1. All development activities at the Upazila leve; formulation of Upazila
level development plans and programs and implementation,
monitoring and evaluation thereof.
2. Preparation of Upazila Development plans on the basis of Union
Development plans.
3. Giving assistance and encouragement to Union Parishads in their
activities.
4. Promotion of health, family planning and Family Welfare.
5. Provision for management of environment.
6. Training of Chairman, members and secretaries of Union Parishads.
7. Implementation of
8. Government policies and programmes within the Upazila.
9. Supervision, control and co-ordination of functions of officers
serving in the Upazila except Mnsifs, Trying Magistrates and officers
engaged in regulatory functions.
10.Promotion of socio-cultural activities.
11.Promotion and encouragement of employment generating
activities.
12.Such other functions as may be specified by the Government from
time to time
13.Promotion and extension of co-operative movement in the Upazila
14.Assistance to Zilla Parishad in development activities.
15.Planning and execution of all rural public works programmed.
16.Promotion of agricultural activities for maximizing production.
17.Promotion of educational and vocational activities.
18.Promotion of livestock fisheries and forest

Composition of Upazila Parishad (New Format)

A Upazila Parishad consists of a chairman, two vice-chairpersons (one
of them a woman), chairmen of all union Parishads under the Upazila
concerned, mayors of all municipalities, if there are any, and women
members of the reserved seat. The chairman and vice-chairpersons
are going to be elected today. One-third of the total women members
from reserved seats of union parishad under an Upazila will be the

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Upazila parishad members. The women members of the reserved seat
of the union parishad will elect them. The Upazila parishad chairman
and vice-chairpersons will have to resign from their party posts if they
hold any. The vice-chairpersons will elect a two-member chairman
panel within one month of the first meeting of the parishad. A vice-
chairperson from the panel will serve as the chairman if the elected
chairman fails to carry out their duty for absence, illness or any other
reason. Upon suggestions of the Local Government Commission, the
government can suspend any chairmen, vice-chairpersons and women
members temporarily if their work goes against the parishad’s interest
or seems “unexpected” from administrative point of view. But, they
will be allowed to give their statement before that

The Upazila Parishad Structure (New Format)

Powers and Functions in New Format

Let we shall try to discuss the Power and functions of Upazila Parishad
under New Upazila Parishad Act. 2009.

Executive Powers
The chairman of the Upazila parishad will enforce executive power to
implement the decisions taken by the parishad. An Upazila parishad
chairman’s duties include chairing and conducting parishad meetings,
monitoring and controlling all officers and employees, meeting
financial expenditure of certain limits fixed by the government and
commission. The chairman will also prepare the annual confidential
reports of all officers and employees of the parishad. The chairman will
supervise all accounts of the parishad with the join signature of the
Upazila nirbahi officer (UNO).

Functions
The functions of Upazila parishad include dealing with administrative
and establishment issues, ensuring law and order and services related

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to peoples’ welfare, and formulation and implementation of local
economic and social development planning. Preparing development
planning for five-year terms or so, construction, repair and
maintenance of linking road under the Upazila, initiating and
implementing small irrigation projects, creation of jobs and initiating
programmes to reduce poverty are major duties of the parishad.
Besides, the parishad will regularly send report on the Upazila’s law
and order to the district committees on law and order and other high
authorities. The parishad will also publish citizens’ charter
accommodating the description, conditions and duration of the service
it would render to the people.

Financial Resources of Upazila

Every Upazila parishad will have a fund. Government grants, income
from local sources, grants from other parishads or local authorities,
loans granted by the government, money collected from taxes and
fees, and incomes and benefits from schools, hospitals, dispensaries,
buildings and organisations run by the parishad will be deposited in
the fund. The government-fixed portions of income from local markets,
jal mahals and ferry ghats under the upazila will go to the fund. Taxes
and fees on cinemas, drama and jatra, fair, business and occupation
will also go to it. Every parishad will prepare its budget two months
before the start of a fiscal year and hang its copy for at least 15 days
to inform people about it and receive suggestion and comments from
the people. After considering their suggestion, the parishad will
approve the budget 30 days before the start of a fiscal year and send a
copy to the deputy commissioner (DC). If a parishad fails to approve its
budget in time, the DC will prepare a list of income and expenditure,
which will be approved as the budget of that upazila for the year. The
accounts of the parishad will be examined by an appointed auditor in a
specific process. Upon suggestion of the commission the government
will formulate the audit related rules for inconsistency or irregularities
of accounts, damage or waste of assets and other aspects. All

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members will be bound to give information to the auditor, who will
inform the DC if anybody defies.

Officer and Employee

A UNO will serve as the chief executive officer of the upazila and the
government will appoint one secretary to the parishad. The
government can employ its officer or employee to the parishad for
executing general or special duties on specific condition.

Meetings of the Committees

The upazila parishad will hold at least one meeting a month at its
office.
For executing its activities smoothly, the parishad will form at least
nine standing committees on different issues with the duration of
maximum two and a half years within a month of the first meeting. At
least one-third elected women members from the reserved seats will
be the presidents of these standing committees, each consisting of
five-seven members. If needed, the committees can appoint experts
but they will not have any right to franchise. The committees will be on
law and order; health and family planning; agriculture, fisheries,
livestock, irrigation and environment; education; social welfare,
women and children development; sports, culture and youth
development; communication and infrastructural development;
establishment, finance and accounts and monitoring and evaluation.
The parishad can also form additional standing committees if needed.

Abolition and Re-Election

Upon suggestions from the commission the government can abolish a
parishad through a gazette notification for several reasons. The
parishad will be abolished if most members resign or become ineligible
or misuse power of the parishad. The parishad will be formed again
through election within 180 days from the date the posts of chairman,
vice-chairpersons and other members fall vacant. The posts will be
regarded vacant from the day of the gazette notification. Parishad

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officials will be given chance to explain themselves before a parishad
is abolished.

Term of office of the Chairman, etc.

1. A Chairman shall hold office for a term of five years from the date
on which he enters upon his office. Provided that, notwithstanding
the expiration of his term, a Chairman shall continue to hold office
until it is successor enter upon his office.
2. A woman member or a nominated member shall hold office for a
term of five years from the date of his nomination.

Qualifications for election of Chairman –

1. A person shall, subject to the provisions of sub-section
2. Be qualified to be elected as a chairman of a parishad if-
a. S/He is a citizen of Bangladesh.
b. S/He has attained the age of twenty five years; and
c. His/her name appears on the electoral roll for the Upazila.

Disqualifications for election of Chairman –

a. S/He is declared by a competent court to e of unsound mind:
b. S/He is an undercharged insolvent;
c. S/He has ceased to be a citizen of Bangladesh or has acquired
the citizenship of, or affirmed or acknowledged allegiance to a
foreign state.
d. S/He has been, on conviction for any criminal offence, involving
moral turpitude, sentenced to imprisonment for a term of not less
than two years, unless a period of five years has elapsed since
his release.
e. S/He holds any full-time office of profit in the service-of the
Republic or of the Parishad concerned or any other local
authority; or
f. S/He is a party to a contract for weak to be done for, or goods to
be supplied to. The Parishad concerned, or has otherwise any

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 pecuniary interest in its affairs, or is a dealer in essential
commodities appointed by the Government.

Chairman not to hold any office in a Parishad or Pourashava- A person

elected as Chairman shall, on the date on which he enters upon his
office, cease to hold any other office in any Union Parishad or
Pourashava.

Electoral roll –
1. There shall be an electoral toll-for every Upazila for the election of
Chairman lo by prepared-by the Election Commission.
2. A person shall be entitled to be enrolled on the electoral roll of the
Upazila if s/he—
a. is a citizen of Bangladesh ;
b. is not less than eighteen years of age .
c. does not stand declared by a competent court to be of unsound
mind; and
d. is or is deemed to be resident of that Upazila.

Right to vote:
Every the time being entered in the shall be entitled to vote at an
Upazila.

Oath of office.
Every Chairman shall, before he enters upon his office, make and
subscribe in the presence of such officer as the Government may
specify in this behalf, an oath or affirmation

Resignation of Chairman, etc.

1. A Chairman may resign his of ice by notice in writing under his hand
addressed-to the Government.
2. A woman member or a nominated rambler may resign-his office by
notice in writing under his hand addressed to the Chairman.

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3. A resign9tion under this section shall become effective and the
office concerned shall become vacant, on the-date on which the
notice of resignation received by the addressee.

Removal of Chairman, etc

A Chairman shall-render himself liable to removal from his office if -
a. He becomes physically or mentally incapacitated from
performing his functions; or
b. He is guilty of grave misconduct or is responsible for any (QSS or
misapplication of money or property of the Parishad.

Explanation.
a. In this sub-section, "misconduct" means-misuse of power,
corruption, jobbery, favoritism, nepotism and willful
maladministration and includes any attempt at or abatement of,
such misconduct.
b. A Chairman shall not be removed from his office any ground
mentioned in sub-section unless at a special meeting of the
Parishad called for the purpose in the prescribed manner, a
resolution to the effect that he is liable to be so removed is
passed by the votes of not less than four-fifths cf the total
number of representative members of the Parishad and unless
the resolution is approved by the Government: Provided that, no
such resolution shall be passed unless the Chairman has been
given a reasonable opportunely of showing cause against the
resolution proposed to be passed with respect to him.
c. Notwithstanding anything contained in any other provision of this
Ordinance a person who has been removed from the office of
Chairman under sub-section (2) shall not be eligible for election
lo office for the term following his removal.
d. The Government may, after such enquiry as may be considered
necessary, remove any woman member or nominated member of
a Parishad from office en any ground mentioned in sub section
(1)9

Vacation of office of the Chairman, etc

The office of Chairman shall became vacant if
a. He becomes disqualified for being such chairman under section
6;

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 b. He fails to make the oath referred to in section 13 within the
period of thirty days after the date of publication of his name in
the official Gazette, unless the Government, for good cause
shown, extends the period.
c. He resigns his office under section 12;
d. He is removed from his office under section 13; or
e. He dies,

The office of a member, other than an official member, shall

become vacant if
a. he resigns his office under section 12 ;
b. he is removed from his office under section 13; or
c. he ceases to be a resident of the Upazila ; or
d. He dies.

Leave of absence of Chairman, etc

A Parishad may grant leave of absence to
Its Chairman for any period not exceeding thirty days in any one year
and further leave, if necessary, may by granted by the Government.

Acting Chairman.
At any time when the office at Chairman falls vacant or when the
Chairman is unable to discharge the functions of his office on account
of absence, illness or any other cause, a representative member
nominated by the Government shall act as Chairman until a new
Chairman elected to fill such vacancy enters upon his office or until the
Chairman resumes the functions of his office, as the case may be.

Notification of resignation, etc.

A resignation, removal or vacation of office of a Chairman shall be
notified in the official Gazette by the Government.

Time for holding election.

a. In the case of a vacancy in the office of Chairman occurring by
reason of the expiration of his term of office, an election to fill the
vacancy shall be held within the period of ninety day prior to the
date of expiration of the term.

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 b. In the case of a vacancy in the office of Chairman occurring by
reason of death, resignation or removal of the Chairman, an
election to till vacancy shall be held within nimiety days after the
occurrence of the vacancy.

Conduct of election.
1. All elections of Chairman shall be organized, held and conducted by
the Election Commission in accordance with the rules, and such rules
tray provide for all or any of the following matters, namely :—
a. the appointment of returning officers, assistant returning officers,
presiding officer and polling officers for the conduct of election,
and powers and duties of such officers;
b. the nomination of candidates, objections to nominations and
scrutiny of nomination.
c. the deposits to be made by candidates and the circumstances
under which men deposits may be refunded to candidates or
forfeited to the Parishad ;
d. the withdrawal of candidature ;
e. the appointment of agents of candidates ;
f. the procedure in contested and uncontested elections;
g. the date. time and place for poll and other matters relating to the
conduct of elections;
h. the manner in which votes are to be given '
i. the scrutiny and counting of votes, the declaration of the result
and the procedure to be followed In case of equality of votes;
j. the custody and disposal of ballot papers and other papers
relating to elections;
k. the circumstances under which polls may be suspended and
fresh polls may be held ;
l. the election expenses;
m. the corrupt or illegal practices and other election offences and
penalties therefore; and
n. any other matter connected with or Incidental to election.

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2. The name of the person enlaced as Chairman shall, as soon as may
be after the election, be published in the official Gazette by the
Election Commission.

Final interpretation
Local government as a political institution to ensure public
participation in development activities is yet to take proper shape in
Bangladesh. In Bangladesh there have been six major attempts to
reform local government under six different governments. The
objective of all, at least at the level of rhetoric, was to introduce
participatory and accountable local governance through
decentralization of functions and powers to locally elected institutions.
All these governments also recognized the relevance of the role of
decentralized local institutions in planning and implementing need-
based development projects for poverty alleviation and reduction of
socio-economic inequality. The Upazila Parishad is one of the efforts of
this Process.

Footnotes and References

1. Kh.Nadira Parveen, Journal of Social Sciences and Humanities-
1993. 1&2, P-97

2. http://www.unescap.org/huset/lgstudy/country/bangladesh/bangl
adesh.html#descript

3. http://www.news.org.bd/?p=14012

4. Ministry of Local Govt. rural development and cooparatives. Local

Govt. Section “Notification No-S-8/E. 3/83/41” Dhaka January-
1983

5. Siddiqi Kamal: Local Government in Bangladesh

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6. Local Government of Bangladesh: An Overview

7. Pranab Kumar Panday Local Government in Bangladesh,

South Asian Journal: 09 Lower Ground, Eden Heights, Jail Road,
Lahore, Pakistan, October-December Issue-2006

8. http://www.wikipedia.org/laocalgovt./lgstudy/country/bangladesh/
bangladesh.html#descript

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