Parishad victim, others happy
The latest changes to the Upazila Parishad Act 1998 appear to be a blatant example of how the government has tactfully tried to make both the field level bureaucracy and aggrieved upazila parishads' chairmen and vice-chairmen "happy".
And in doing so, the government curtailed to a large extent the powers of the parishads and did not even hesitate to take a stance against a decentralisation of power.
So making the upazila parishads, constituted in January 2009, functional may remain a far cry, although the changes were brought about by giving a well-publicised impression of making the parishads stronger.
The changes brought to the act by passing a bill in parliament in a matter of five minutes on Tuesday vested the executive powers of the parishads in the chairmen. Before the changes these executive powers was exclusively vested in the parishads, an elected body, and the parishads was empowered to authorise chairmen or vice-chairmen or any members to exercise those executive powers.
The new provisions in the law curtailed a parishad's authorities to write annual performance reports of officials working with local departments of different ministries transferred to the upazila parishads. And it vested authority in the chairman alone to do so.
Through the above changes the chairmen seem to have been empowered over the parishads, although in the ideal situation of a decentralisation of powers the chairmen are supposed to be accountable to the parishads.
The upazila level government officials need not be worried about the latest changes to the upazila parishads act. The new provision has made an Upazila Nirbahi Officer, popularly known as UNO, was made principal executive officer, instead of secretary, to the upazila parishad. Being principal executive officer, s/he will provide the parishads with secretarial assistance, implement parishads' decisions and ensure financial discipline, and perform other activities stipulated under the rules.
Moreover, the changes have opened the window for government officials to be appointed as administrators to run the upazila parishads until they are formed through elections and also in the case of the posts of chairman and two-vice chairmen falling vacant
Before the changes, there were provisions that allowed only elected representatives, including chairmen, vice-chairmen and members of the parishads, to run these local government bodies.
Through the changes, the government has taken back some authority from the parishads into its hands, which authority will finally be exercised by its field level officials and in some cases by the central bureaucracy.
The upazila parishads were given importance regarding transfer and functions of institutions run by the parishads as the government needed the consent of the parishads to take those institutions or functions under its own control and management. But after the changes in the law, the government will not seek the consent of the upazila parishads to do so. Rather it will do the tasks on the advice of the high-powered committee led by the cabinet secretary.
After the changes in the law, the upazila parishads also lose their authority to donate, sell, exchange, lease, achieve or transfer properties. From now the parishads will need central government permission to do so.
The new provisions seem to have gone against the government's oft-preached political stand of political empowerment of women by doing away with its own proposal of making women members of the parishads chiefs of one-third of the 18 standing committees. The changes brought in by parliament say vice-chairmen of the parishads will be made chiefs of the standing committees. This sudden change in the bill, which was placed in parliament in December last year, might have made the vice-chairmen "happy" too.
Despite bringing about the changes, the government has returned to the Election Commission the authority to fix the time frame for holding the upazila elections. The changes have also imposed a ban on war criminals convicted by a national or international tribunal on contesting elections.
Constituted through elections in January 2009, the upazila parishads have not yet started functioning in full swing due to “the government's indifference and bureaucrats' opposition”.
Besides, lawmakers have been made advisers to the upazila parishads and empowered to interfere in their activities.
Elected chairmen and vice-chairmen of upazila parishads have been demanding making the parishads functional. In the face of their agitation and to bring about some changes in the upazila parishad act, the government passed the bill last Tuesday. But after the passage of the bill, many upazila parishads' chairmen expressed scepticism about making the parishads' functional. As he analyses the changes, local government expert Prof Tofail Ahmed says the latest amendments to the law will not bring about major positive results and the ongoing stalemate will continue.
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