Local govt bodies to work freely

The proposed Local Government Commission will work to make sure the local government institutions function independently with the central government's absolute power in their regulation curtailed.

The high-powered committee on local government in its report submitted to the chief adviser Tuesday recommended setting up the commission for effective decentralisation of power. Headed by former secretary Dr AMM Shawkat, it also came up with a draft ordinance to that end.

Alongside the report, the committee has submitted a set of proposed laws to replace the existing ones on different local government units.

It observed that successive governments in last 15 years have slapped numerous unwarranted restrictions on the local government institutions.

The laws proposed on the formation of the commission and to define the functions and jurisdiction of the local government provide for a number of restrictions to prevent the central government taking unilateral measures in regulating the local government bodies.

The administration at the highest level should regulate the local government only as much as it is permitted under the proposed laws, says the seven-member committee formed by the caretaker government on June 3.

Issuing unnecessary circulars is tantamount to interfering in the affairs of the local government institutions. The government should avoid issuing such orders and directives unless a local government body seeks any clarification on any issue, it noted in its recommendations.

The proposed laws have several provisions asking the government to consult the local government commission before taking any important measure. The provisions also look to clip arbitrary bureaucratic powers over the local government.

Besides, the committee recommends that members of parliament should have no authority to interfere in the functioning of local government bodies.

On receipt of the report, LGRD Adviser Anwarul Iqbal said his ministry would request the government to form the commission immediately as a regulator of the local government.

Once the recommendations of the committee are implemented, the LGRD and Cooperatives ministry, which currently enjoys absolute power in regulation of the local government, will have to consult the LGC before initiating any important measure.

For instance, the committee thinks the central government must consult the commission for decisions on matters like preparing a coordinated tax schedule for the city corporations and how much of the local resources would be earmarked for the local government institutions.

If recommended by the proposed local government commission, the government may take necessary steps to institute the much-talked about metropolitan government.

The city corporation mayors have long been calling for the government to set up a metropolitan government. Even a complete outline of metro government had been placed to the former prime minister.

FORMATION AND JURSIDICTION OF COMMISION
The draft ordinance put forward by the committee says the proposed commission should comprise three members including a chairman.

The president will appoint the members for a five-year term. The commission shall be independent in exercise of its functions and subject only to the constitution and the other laws.

A member shall not be removed from office in manners and on grounds other than those followed to remove a Supreme Court judge.

The persons having experiences in public administration particularly in local government system and public funds and accounts will be appointed as members.

The draft says the proposed local government commission can exercise the powers of a court to summon anyone before it to give statement and can also ask for records and documents held by any individual or institution.

It says the commission will supervise and regulate the financial and administrative functions of the local governments and place recommendations to the government.

It will probe alleged financial and administrative irregularities in the local government institutions and ask the government to take action against the accused.

It will draw up recommendations for the government to make the local government pro-people, self-reliant and efficient in administration.

In the proposed new laws for the city corporations, municipalities, zila, upazila and union parishads, several provisions have been included empowering the commission to oversee and regulate the functions of the local government.

"It is necessary for the local government commission to effectively decentralise the power and its neutral enforcement," said the committee.

It added that the previous two reports prepared in 1992 and 1997 after review of the local government structures too had emphasised the need for forming a permanent and statutory local government commission. But none of the governments after 1992 had bothered to pay heed to those.