Ending the stalemate at upazila

The upazila parishad can generate confidence and skill. Photo: Quddus Alam/ Drik News

THE Upazila (former Thana) is the oldest field level administrative unit in the sub-continent. The Thana was first created by the British as police outpost in 1793, and gradually other elements of the administration were added. The police was followed immediately by revenue, thus maintenance of law and order, and collection of revenue, remained as the main function of the Thana.
Later, some other services and development functionaries such as agriculture, education, sanitation, infrastructure, etc. were incorporated. By the late 19th century, the Thana had been made as a fully functional and vibrant governmental unit. The Thana did not have corresponding tiers or levels of Local Government Institution (LGI) with the involvement of people's representatives till 1960.
During 1960-2008, the LGI system were introduced at Thana level twice and subsequently abandoned. The first was during 1960-1970, under General Ayub's Basic Democracy system, and the second, during General Ershad's rule, from 1981-1991.
Finally, LGI at Upazila level has been reintroduced in 2009, after 18 years, by the caretaker government and later re-enactment by the AL government. The Upazila, a vital field administrative unit of government, has been functioning with a huge number of functionaries and with huge funding from national exchequer. The Upazila Parishad Act 2009 (by AL) created the opportunity to re-establish a people's body as the highest policy making and executing agency at Upazila level. This body will be an LGI known as Upazila Parishd (UZP) and will run the upazila level administration.
The main challenges for the UZP is to generate confidence and skill among the Upazila leadership, in managing the multi-dimensional affairs of the Parishad.
Central support in appreciating the initial local problems of the newly functional Upazila is also very crucial for its healthy growth. The confusing clout prevailing at national political level needs to be removed. The MP and UZP-UP level leadership needs to learn the art of mutual accommodation, adjustment and also to appreciate role differentiation between elected leadership of a formal statutory body and party wing.
The norms, rules and consequences of use and abuse of public money and resources also need to be taught to the political activists at all levels. The Upazila Parishad Act 2009 provides detail guidelines for UZPs structure, functions, role and jurisdictions.
An UZP consists of a chairman, two-vice-chairpersons (one of them woman), chairmen of all Union Parishads (UP) and mayors of all municipalities under the UZP concerned will be ex-officio members.
In addition, women elected by the women members and councilors of Union Parishads and Pourashavas will occupy one-third membership positions. As far as the functions of UZP, the law provides a separate schedule with a list of 18 very clearly defined functions that include dealing with administrative and establishment issues, ensuring law and order and other services related to peoples' welfare, and formulation and implementation of local economic and social development planning including a five-year plan.

The issues further clarified
As stated earlier, the UZP as a body corporate and a mid-tier LGI, still could not start its function since its election. The departments are virtually functioning as they were before the formation of UZP. The reality is, very few committees at all meet. The TR, FFW, CFW and many other allocations are coming to Upazila through Deputy Commissioners (DCs) and the UNOs receive orders from DCs as usual.
Under the current situation, this is also not working. The UNOs in the Upazila has to take instructions from the local MPs in certain matters compulsorily, such as in approving any TR, FFW, CFW, etc. and also in all other matters as courtesy.
The Upazila police also take instructions from the MP, while taking action on major law and order related situations. The UPs are receiving all allocations and instructions from UNO and the decisions regarding VGD, VGF, TR are shared with the local MP. In absence of an annual development plan, the resources are grossly misused. The recently allocated TR and VGD-VGF cards were put into rampant partisan abuse.
The entire tender and contracts in the upazila are politically controlled. The whole safety net program has become the first casualty of the partisan abuses. This may disrupt and damage the norms already existing in our local administrative practices. The increased allocation in the first national budget of the present government needs to be utilised judiciously, if real poverty reduction target is aimed at.

Issues that need immediate attention on UZP
The UZP election held in January 2009 has been post- facto legalised by the UZP Act 2009 and one circular (May 4, 2009) has also been issued by delineating the power and functions of the UZP Chairman. Similarly another order from Cabinet Division of the government is needed to network the deputation/placement /transfer to those 13 officials.
The other 11 offices and officials presently working in Upazila cannot be left without clear direction too. Out of those 11, at least 8 offices should also be transferred in the same manner as it has been done in case of 13. Only 4 offices such as Police, Land, Sub-registrar and Election may remain outside the UZP but with clear functional relations.
According to the UZP law, election of women members has to be held immediately. The UZP remains incomplete without legitimate participation of women. The newly elected Chair, Vice Chairs, members as well as deputed officials need proper training and orientation.
Relevant "Rules" have to be prepared and approved to enable UZP to become functional within the first quarter of the current financial year (2009-2010).
A comprehensive planning and budgeting system need to be introduced with professional assistance and under strict rules. This may reduce the contingent and political abuse of scarce resources given for poor and poverty reduction.
One full-time secretary needs to be posted and the UNO's position needs to be integrated with the parishad or must be in complete separation. The Upazila Accounts office needs strengthening and a new position called "Budget and Finance Officer" needs to be established.
The vehicle for UZP should not be procured centrally. The UZPs should be given the authority to purchase their own transport within the government procurement rules.
The new circular issued from the Food and Disaster, Home, Health and other ministries need to be reviewed in view of the Upazila Parishad Act 2009 looking at the practices in Upazila during the period1982-1991.
The NICAR under the leadership of a Cabinet Minister/Advisor should review the pros and cons of Upazila and unions bi-monthly and take corrective measures. If such regular monitoring is done seriously, Upazila and Union level LGIs, as well as the administration, will get to its own feet and gear to deliver the required services within a year. It will also help establish a rule of law and promote discipline in local governance.

Dr. Tofail Ahmed is a Former Member of the Local Government Commission.
E-Mail: [email protected].