Upazila Parishad Act, 2009

Upazila Parishad Act, 2009 For the first time by the local government (Thana Parishad and Thana Administration Reorganization) Ordinance 1982, Thana Parishad was constituted at the thana level. Subsequently by amending the said Ordinance in 1983 Thana Parishad was renamed as Upazila Parishad. The said amended Ordinance was repealed by the Local government (Upazila Parishad and Upazila Administration Reorganization) (repeal) Ordinance 1991. Subsequently the Awami League government enacted the Upazila Parishad Act 1998. But no election was held under that Act for reconstituting Upazila Parishad. In the year 2007, the Non-party Caretaker Government (NCG) constituted a 'Committee for strengthening and making the local government bodies more dynamic';. In pursuance of the recommendation of the said committee the NCG promulgated the Local Government (Upazila Parishad) Ordinance 2008. The said Ordinance repealed the Upazila Parishad Act 1998 and incorporated certain provisions for giving more power to the Upazila Parishad than given under the repealed Act of 1998. The said Ordinance was again repealed by the Upazila Parishad (Reintroduction of the Repealed Act and Amendment) Act 2009. By this Act the provision of the Upazila Parishad Act 1998 was revived with certain amendments.

Under the 1998 Act each thana area was declared a upazila and part of the Republic. In addition to that, member of the Jatiya Sangsad elected from the constituency falling within the territorial limits of the Upazila was made an advisor to that Upazila Parishad which was required to obtain the advice of the member of Jatiya Sangsad. Now, under the Act of 2009, advice of the member of the Jatiya Sangsad is to be obtained in the management of the affairs of the Upazila Parishad and he is to be kept informed of matters in respect of any communication by the Upazila Parishad with the government. It also provides that upazila parishad is to be constituted with an elected chairman and two elected vice chairmen of which one shall be a woman; chairmen of Union Parishads falling within the upazila area, Mayor of the pourashava, if any, falling within the upazila area and one-third of women members elected from the reserved seats of the union parishads falling within the upazila area as members. It also provides that the executive authority of the upazila parishad is to be exercised by the chairman, vice chairman, members or through any other officer as authorized by the Upazila Parishad, and the Upazila Nirbahi Officer (UNO) is to be the secretary of the upazila parishad. In the said Act of 2009 there is also provision for removal of the chairman, vice chairman and member through a vote of no-confidence passed by the majority of four-fifth members. It also provides that government shall have general power of control and supervision over the Upazila Parishad, and the Upazila Parishad has been empowered to impose tax on certain specified subjects to defray its expenses and also appointing its officers and employees. [AMM Shawkat Ali] [Ali, AMM Shawkat former Secretary, Government of Bangladesh]