assignment com discussion dcc 1.1

Citizens Rights enhancement or abscission. A Comparative Disucssion before and after the dividation of DCC

Jahirul islam Univercity of Asia Pacific

1/27/2015

Course Title: Local government and Administrative Law

Course Code: LAW- 347

Submited To:

Name: Saybur Rahman

Lacturer of UAP

Sumited By:

Name: Jahirul Islam

ID: 12111034

Department: Law & Human Rights

University of Asia Pacific

Date of Submission: Jan28, 2015

UAP A Comparative Discussion before and after the dividation of DCC DCC Table of Contents

Executive Summary ....................................................................................................................................... 3

1. Introduction .............................................................................................................................................. 4

1.1 Background of the study ..................................................................................................................... 4

1.2 Statement of the Problem .................................................................................................................. 5

1.3 Objective of the study ......................................................................................................................... 5

1.2.1 Main Objective ............................................................................................................................. 5

1.2.2 Specific objectives ........................................................................................................................ 5

1.4 Methodology of the study .................................................................................................................. 5

1.4.1 Sampling ....................................................................................................................................... 5

1.4.2 Data source .................................................................................................................................. 5

1.4.3 Data Analysis ................................................................................................................................ 5

2. Background ............................................................................................................................................... 6

2.1 Basic facts about Dhaka ...................................................................................................................... 6

2.2 Review of relevant documents to understand the overall governance situation of the Corporation 6

2.3 Brief history of the Corporation: ......................................................................................................... 8

2.4 Laws applicable to Dhaka City Corporation (DSCC) .......................................................................... 10

2.5 Structure and functions of the corporation ...................................................................................... 11

2.5.1 Wards: ........................................................................................................................................ 11

2.5.2 Administration of the Corporation ............................................................................................ 11

2.6 The functions of the corporation ...................................................................................................... 11

2.7 The powers of the corporation in relation to its duties and functions ............................................. 12

3. Principles of openness and transparency as required by the law .......................................................... 13

3.1 Guidelines on records management, access to information or proactive disclosure of information ................................................................................................................................................................ 13

3.1 Legal provisions governing proactive disclosure .............................................................................. 14

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UAP A Comparative Discussion before and after the dividation of DCC DCC

3.2 Legal provisions governing committee meetings ............................................................................. 15

4. Analysis ................................................................................................................................................... 16

5. Findings ................................................................................................................................................... 23

5.1 Findings from secondary Data Source .............................................................................................. 23

5.1.1 Dissolution ................................................................................................................................. 23

5.1.2 Dhaka North City Corporation ................................................................................................... 23

5.1.3 Dhaka South City Corporation ................................................................................................... 23

5.2 Findings from Survey/ Primary data Source ..................................................................................... 24

5.2.3 Opposition to the dissolution ............................................................................................................ 25

5. Practical Recommendation ..................................................................................................................... 26

6. Conclusion ............................................................................................................................................... 26

7. Reference ................................................................................................................................................ 26

8. Annexure ................................................................................................................................................. 27

8.1 Questionnaire ................................................................................................................................... 27

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Executive Summary With a view to providing better services and amenities Dhaka City Corporation has been proposed to be split into two parts- Dhaka North City Corporation and Dhaka South City Corporation. Local Government (City Corporation) (Amendment) Bill, 2011 was introduced at the national parliament last 23rd November to divide one of the most over populated cities of the world. Present government is trying to say that city corporation is in trouble to provide good services to one crore people by one body and it is facing problems to develop and maintain its infrastructures. Under the plan the North will be consisted of Uttara, Gulshan, Badda, Mohakhali, East Rampura, Tejgaon, Mohammadpur, Mirpur, Pallabi and Kafrul while Dhanmondi, Ramna, Motijheel, Sabujbagh, Demra, Khilgaon, Sutrapur, Kotwali and Lalbagh will make the South.

However, this proposal is being highly refuted by the civil societies and other experts of the country as they think it will create a deep complication. The main opposition party is also showing their apprehension to this issue as they are taking it as a blue print by the ruling party to keep the opposition party away from the scene. As the local government system of Bangladesh is problematic, the local government experts have been critical of the government’s decision as they pointed out that reforming the whole system can deliver here not by splitting the Dhaka City Corporation. Moreover the proposal is not economically viable which has been pointed out by the economists of the country. Conducting any kind of social cost benefit analysis we may get the clear picture that this will hamper the heritage, customs and creeds, cultural, social and political scenario of the city. This division will create a contrast in economic transactions, geographical distinction and many others communal idiosyncrasy.

The present government has taken a devastating decision of dividing the DCC into two. There is a lot of things to think about the city corporation but the government put this into a hap hazardous situation. We can find out our loop holes of the local government administrative system very easily. If we take the experiences of India and her different local government institutions we can simply get some good lessons to ease up our administration. Minimizing the corruption and introducing on-line system will reduce the administrative and compliance cost of the city corporation and will enhance its power to provide civic services to the city dwellers. Taking a sudden decision of splitting it without doing any kind of cost benefit analysis and public pole may make the equation even more complex.

Although the city grew in stature and in population in the subsequent years, it developed dramatically only after the departure of the British in 1947 and its becoming the capital of a new province. In 1947 the city extended up to 12 square miles with a population of some 250,000. Thereafter Dhaka’s political, administrative, economic, industrial, educational and even military importance grew so much that its local government was to be change to suit the new situation. However, it did not change overnight rather took a very long time in view of the prevailing political situation in the country.

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1. Introduction

1.1 Background of the study Dhaka is the fastest growing mega-city in the world, with an estimated 300,000 to 400,000 new migrants, mostly poor, arriving to the city annually.1 Its population is currently around 12 million and is projected to grow to 20 million in 2020, making it the world’s third largest city. Dhaka City Corporation With the birth of Pakistan in 1947, Dhaka became the capital of the new province of East Bengal. This elevation in the status of the city did not immediately alter the status of its local government, which was a municipality. The municipal government of Dhaka, established in 1864 was suitable for the type of urban center, which then it was - a small divisional headquarters. It then covered an area comprising roughly some 20.72 square kilometers with a population of some 52,000. The Dhaka Municipality created under act III of 1864 was entrusted to provide civic services to this little town and small population, which included maintenance of roads, conservancy, health services and education, and for which it was authorized to levy rates and taxes and was occasionally provided with government grants. Dhaka City Corporation (DCC) is the former self-governing corporation that is associated with the task of running the affairs of the city of Dhaka. The incorporated area was divided into several wards. Each ward has an elected ward commissioner. The mayor of the city is elected by popular vote every five years, although the last mayoral election took place in 2002. The Corporation was dissolved by the Local Government (City Corporation) Amendment Bill 2011 on November 29, 2011, passed in the Parliament of Bangladesh, and formally ceased to exist on December 1, 2011, following the President's approval, making way for a Dhaka North and a Dhaka South city corporation.

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UAP A Comparative Discussion before and after the dividation of DCC DCC 1.2 Statement of the Problem After the Dividation of Dhaka City Corporation a new debate has arisen. Pointing on this debate I want to discuss on two points-

I. Are the citizens' rights enhanced after deviation of Dhaka City Corporation?

II. Are the citizens' rights abscissioned after deviation of Dhaka City Corporation?

1.3 Objective of the study

1.2.1 Main Objective The main objective of this report is to compare the citizens' rights before and after the deviation of Dhaka City Corporation by analyzing various types of Data.

1.2.2 Specific objectives Specific objectives are-

To have exposure to the Dhaka City Corporation’s Activities.

To disclose the current situation of DCC.

1.4 Methodology of the study My research was deductive and I took a quantitative research approach for my research.

1.4.1 Sampling I have select citizens of both city corporations of Dhaka randomly as my study Sample. My sample was both male and female and their age 25-50 year & my sample size was 20.

1.4.2 Data source The report is based on both primary and secondary sources of information.

i) Primary Sources- Close ended questionnaire Survey Face to face conversation with the official staff.

ii) Secondary Sources- Report Research paper Website

1.4.3 Data Analysis For an effective analysis I have used MS WORD, EXCEL and some statistical tools.

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2. Background

2.1 Basic facts about Dhaka Dhaka currently hosts a population of approximately 14-16 million (GOB/BBS 2010, World Bank 2007). So, the DSCC has a population of 7-8 million approximately. In recent studies conducted by the World Bank (2007) and UN-HABITAT (2008) Dhaka has been identified as the fastest growing mega city in the world. With an annual population growth rate of 4.4 percent it has been projected that by 2020 Dhaka would become the third largest mega city. Like most other fast growing mega cities in developing countries, Dhaka's rapid population is attributed to rural in-migration and associated with the resultant expansion of slums and the growth of the urban informal economy. It has been estimated that 300,000 to 400,000 migrants come to Dhaka from different parts of Bangladesh every year, drawn by the relatively higher wages and job opportunities that the national capital offers. The UN-HABITAT's State of Cities 2010-11 (UN-HABITAT, 2011) report notes that Dhaka is a highly divided city where space is allocated and used for the benefit of a privileged few, while marginalizing the rest of the population from access to key social amenities

2.2 Review of relevant documents to understand the overall governance situation of the Corporation Municipal autonomy is undermined when DCC is heavily regulated by the central government, leaving little space to make and administer decisions at the local level. The Local Government (City Corporation) Act, 2009 itself has paved the way for central government’s interference in three key aspects. First, Section 42 (1) of the Local Government (City Corporation) Act, 2009 empowers the central government to withdraw any institution or activity to its control from the purview of City Corporation. Second, the authority to appoint the Chief Executive Officer of the City Corporation rests with the government and his/her withdrawal from the Corporation has been made procedurally very difficult (Section 62 of City Corporation Act, 2009). Third, central government has the power to make any changes to the Corporations’ budget (Section 76(3)). Furthermore, the Central government’s authority supersedes over all other delegated institutions, as it has the provision to abolish the formation of any City Corporation (Section 108). Applying this authority, the government has on November 29, 2011, abolished the DCC and split it into two parts – DCC North and DCC South by passing the Local Government (City Corporation) (Amendment) Bill 2011. The Local Government (City Corporation) Act, 2009 stipulates that the City Corporations could invite Heads of different agencies in the Corporation’s meetings; but they are not obliged to attend the meetings. DCC’s immediate past Mayor Mr. Sadek Hossain Khoka, in an interview with the authors, said that the legal provision of participation of Heads of different agencies is quite superficial in practice (IGS 2012). The Local Government (City Corporation) Act, 2009 allows every City Corporation, including the DCC to undertake any development plan and its implementation under the approval of the Government’s Local Government Division. In practice, the subjection of the DCC to the purview of

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UAP A Comparative Discussion before and after the dividation of DCC DCC the Local Government Division leaves limited space for autonomy to the DCC. Third schedule of the Act lists 28 types of activity of the Corporation; but little scope exists for the Corporation to undertake any major step that may impact the lives of city dwellers in a greater way. Central government agencies are mainly responsible for major urban services. Meanwhile, local people see the elected representatives of the municipal Corporation as the designated authority to meet their needs although they do not have the statutory power to do so. On the back of weak formal governance, an informal governance structure has been active in providing urban services and securing livelihoods, especially for the poor and excluded in the city. This informal governance structure mediates with the formal one and imposes an unofficial system of charges and/or bribes on those aiming to secure a livelihood in the city from garments workers, to hawkers and rickshaw pullers. Hawkers, for instance, have become organized under informal leadership and wield their political influence through participation in political demonstrations in streets and neighborhoods. The informal governance structure is largely defined by patron-client relations. Clientelistic relationships have personalized the nature of politics in the city. A personal contact with politicians or officials is often a more successful solution to grievance resolution than formal complaint channels, particularly in service delivery (Banks 2006 cited in IGS 2012). Both horizontal and vertical structures of patron-clientelism are witnessed in the city governance. In horizontal patron-clientelism, the ruling party creates loyalties and allegiances and colludes with key state actors and organizations. This patron-clientelism is predominantly evident in urban administration where all kinds of appointments, promotions and transfers are often decided based on political party affiliation. The vertical patron-client relationship depicts that followers of the party are rewarded based on their loyalty to the immediate party leaders. Entrance into his relationship which spreads downwards in a chain of neta-karmi3 (leader-follower) relationships, is determined by kinship and personalized ties (Panday and Jamil 2010 cited in IGS 2012). The relationship produces mastaans4 who collect extortion and mobilize a vote bank for the collection, and promotion within the party hierarchy. Their role has grown up as the formal institutions fail to deliver. Weak institutions provide the space for informal actors to deliver services through patron-client relations. When state institutions exclude the poor from services and fail to provide entitlements to the middle class such as right to security, the masttans fill the institutional gap between the state and the citizens. Access of citizens to this informal governance is highly expensive.

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UAP A Comparative Discussion before and after the dividation of DCC DCC 2.3 Brief history of the Corporation: 1840 Committee of Improvement existed in Dhaka as early as 1823. Dhaka Committee was formed in 1840. 1864 Dhaka Municipality was established on the 1st August, 1864 with the introduction of District Municipal Improvement Act (Act III B.C. of 1864). Lt. Governor had power to appoint municipal Commissioners from among the inhabitants and their number was not to be less than seven. 1884 The Act of 1884 recognized for the first time the elective principle in unambiguous term. The first elected Chairman was Mr. Ananda Chandra Roy and the first elected Vice-Chairman was Mr. Khawaja Amirullah. 1922 Bengal Municipal Act of 1922 extended franchise to women also, who had so far been denied this right. 1947 Dhaka became the provincial capital of the then East Pakistan in 1947. 1947 Municipal Committee was superseded by the Govt. on the 19th of November, 1947 for collection of taxes development activities etc. Supersession was extended by annual orders on the score of non-preparation of electoral rolls, until 1953. 1953 In December, 1953, the elected Chairman took over his office, and again in August, 1959, Municipality was superseded. 1960 The Municipal Administration Ordinance of 1960 repealed all previous municipal laws and provided that the chairmen would be an official member appointed by and holding office during the pleasure of the Govt. 1960 The Government in 1960 divided the city area into 25 Unions, which were later enhanced by 30 Unions in 1964. 1977 City area was divided into 50 wards and election of Ward Commissioners was held with the introduction of Pourashava Ordinance, 1977. 1977 Ward Commissioners elected one of their members as the Chairman of the Municipality. 1978 In 1978, Dhaka Municipality was awarded the status of Corporation and the existing Chairman became the Mayor of the Corporation. 1982 Municipal Corporation was superseded by the promulgation of Martial law in March, 1982.

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UAP A Comparative Discussion before and after the dividation of DCC DCC 1982 Two adjacent municipalities, namely Mirpur and Gulshan Municipalities were merged with Dhaka Municipality in 1982. As a result the number of wards increased to 56. Later, number of wards was increased to 75 and Administrators/Mayors were appointed by the Govt. till 1994 1977 Dhaka Municipal Corporation Ordinance, 1983 repealed the application of Pourashava Ordinance, 1977. 1990 In 1990, the Dhaka Municipal Corporation was renamed as the Dhaka City Corporation. 1993 In 1993, the Government, with a view to democratize the City Corporation, made drastic amendments and made provision for the Mayor and the Commissioners to be directly elected. 1994 The election of the Corporation was held on January, 1994 and Mr. Mohammad Hanif became the first elected Mayor and Md. Sadeque Hossain Khoka was the second elected Mayor of Dhaka. 2011 The Local Govt. (City Corporation) Amendment Act (2011), Dhaka City Corporation has divided as the Dhaka South City Corporation (DSCC) and Dhaka North City Corporation (DNCC) on 04.12.2011.

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UAP A Comparative Discussion before and after the dividation of DCC DCC 2.4 Laws applicable to Dhaka City Corporation (DSCC) The Local Government (City Corporation) Amendment Act 2011 is shown on the website, but its content is missing. However, The Local Government (City Corporation) Act, 2009 remains the basis of the functions of the Corporation. Here are some basic parts of the act: The Local Government (City Corporation) Act 2009 provides for several sections on taxes. Sections 83 through 90 of the law deal with the notification, imposition, schedule, instruction, liability, collection, and assessment of taxes and levies. Section 83 provides that all taxes, sub-taxes, rates, tolls and fees fixed by the Corporation need to be notified through government gazette notification, and if not otherwise instructed by the government, those have to be pre-disclosed (proactively). Section 86 states that the Corporation has to impose taxes on an individual or goods, it has to notify and call for necessary information including documents, records or those goods in the first place. Section 89 provides that Corporation can impose taxes on a job or grants, but in such case, the Corporation has to notify provider or employer of that job or grants beforehand for the due taxes. However, as regards disclosure of information, the Local Government (City Corporation) Act, 2009 provides that: The Corporation will prepare reports on its administrative and development activities in

prescribed format of government, and will submit the same with the 30th September of next fiscal year (Section 43).

The Corporation will publish a document titled “Citizen Charter” with description on the services to citizens, conditions for the services, timeline of the services etc. (Section 44).

The Corporation will, in its first meeting of the year in the immediate next to it, will form

standing committees on the following areas. The committees will function for period of 2 years and 6 months, and after this period, new committees will be formed (Section 50).

It says if any meeting is not held exclusively as unanimously decided by the majority of the

councilors, such meeting will remain open for the people (Section 54(1)). Any citizen will have right to information regarding Corporation in the defined system.

However, sub-section 2 says that Corporation, through gazette notification, can classify any records or documents to the interest of the people and of the administrative security; that citizens will lose their right to access those classified records or documents; and that Corporation can deny any such requests from the citizens. It further says that the government can instruct Corporation to publish list of information deliverable to the citizens (Section 110).

The Corporation can make regulations regarding information disclosure process etc.

(Section 110).

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UAP A Comparative Discussion before and after the dividation of DCC DCC 2.5 Structure and functions of the corporation

2.5.1 Wards: There are 56 wards5 under Dhaka South City Corporation.

2.5.2 Administration of the Corporation Enactment of the Local Government (City Corporation)(Amendment) Act, 2011 replaced some of the sections of the previous Local Government (City Corporation) Act, 2009 regarding the administration of the divided City Corporations. Section 4(1) of the act says if a new Corporation is formed under this act, the government will appoint a competent person or first class public official as its administrator. As regards the functions of the Mayor and Councilors, the act stipulates in section 6(2) that when this act divides an existing City Corporation, the structure of that City Corporation will be defunct, and the Mayor and the Councilors will lose their positions.

2.6 The functions of the corporation The Local Government (City Corporation) (Amendment) Act, 2011 only amends few of the sections of the Local Government (City Corporation) Act, 2009. The law of 2009 broadly specifies the standing committees of the corporation (Section 50). However, the website categories the DSCC’s function as below: Public Health Sanitation Removal and disposal of refuse Unsanitary buildings Latrines and urinals Birth, death and marriage registration Infectious diseases Health and maternity centers Public health Hospital and dispensaries Medical aid and relief

Public Safety Civil defense Floods Famine Dangerous and offensive articles Burial and burning places

Social welfare Social welfare

Building Control

Culture Library Fairs and shows

Development Development plans Community development project Commercial schemes Health development project Slum development

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UAP A Comparative Discussion before and after the dividation of DCC DCC Education Education Compulsory education General Provision about education.

Streets Public streets Streets General provision about streets Encroachment Streets lighting Streets watering Traffic control Public vehicles

Trees, Parks, Gardens and Forests Arboriculture Gardens Open Spaces Forests Nuisances pertaining to tree

Urban Planning Master plan Ward Base GIS Base Map & Database Site development schemes Execution of site development

Tank and low-lying areas scheme Water Supply and Drainage Water Supply Private sources of water supply Drainage schemes Bathing and washing places Dhobi ghats & washer men Public water courses Public ferries Public fisheries

Management and control of animals Animals husbandry Stray animals Animal hones and farms Registration of sale of cattle Livestock improvement Dangerous animals Cattle show, zoos etc. Disposal of carcasses

Control of foods and drinks Bye laws Milk supply Public markets Private markets Slaughter house.

2.7 The powers of the corporation in relation to its duties and functions According to the Local Government (City Corporation) (Amendment) Act, 2011, the functions of the DSCC are currently administered by the public officials in both the central and zonal offices. The Local Government (City Corporation) Act, 2009 broadly specifies the functions (Section 50), and stipulates that further rules and regulations will be made, but no such rules and regulations could be found on the functions of the Corporation.

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3. Principles of openness and transparency as required by the law The Local Government (City Corporation) Act, 2009 contains several sections requiring publishing and publicizing the documents and information to the citizens. However, at the same time, there are sections and sub-sections in the same law, which allow the government to classify information.

3.1 Guidelines on records management, access to information or proactive disclosure of information The Local Government (City Corporation) Act 2009: The law has provisions for disclosure of information on the one hand, and for classifying

and restricting information on the other. Section 110 deals with the citizens’ right to information in the following manner:

Any citizen will have right to information regarding Corporation in the defined system.

Sub-section 2 says that the Corporation, through gazette notification, can classify any

records or documents in the interest of the people and of the administrative security; that citizens will lose their right to access those classified records or documents; and that the Corporation can deny any such requests from the citizens.

It further says that the government can instruct Corporation to publish list of information

deliverable to the citizens. Right to Information Act, 2009: Under Section 6: Every authority shall publish and publicize all information pertaining to any decision taken,

proceeding or activity executed or proposed by indexing them in such a manner as may easily be accessible to the citizens.

In publishing and publicizing information under sub-section (1), no authority shall conceal

any information or limit its easy access. Every authority shall publish a report every year, which shall contain the following

information, namely:— o Particulars of its organizational structure, activities, responsibility of the officers

and employees, or description and process of decision making; o Lists of all laws, Acts, Ordinance, rules, regulations, notifications, directives,

manuals, etc. of the authority, including the classification of all information lying with the authority;

o Description of the terms and conditions under which a citizen may get services from the authorities in obtaining any license, permit, grant, consent, approval or other

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benefits and of such conditions that require the authority to make transactions or enter into agreements with him;

o Particulars of the facilities ensuring right to information of the citizens, and the full name, designation, address, and, in cases where applicable, fax number and e-mail address of the assigned officer.

If the authority frames any policy or takes any important decision, it shall publish all such

policies and decisions and shall, if necessary, explain the reasons and causes in support of such policies and decisions.

The report prepared by authority under this section shall be made available free of charge

for public information and its copies shall be stocked for sale at nominal price. All the publications made by the authority shall be made available to the public at

reasonable price. The authority shall publish and publicize the matters of public interest through press note

or through any other means. The Information Commission shall, by regulations, frame instructions to be followed by the

authority for publishing, publicizing and obtaining information and all the authority shall follow them.

3.1 Legal provisions governing proactive disclosure The Local Government (City Corporation)(Amendment) Act (2011) does not provide details of proactive disclosure provisions, but replaces and revises some of the sections of the Local Government (City Corporation) Act, 2009. Some of the sections of the 2009 law have proactive disclosure obligations, but no rules or regulations thereof were made so far. Section 43 of the law deals with publication of report on administration and development activities. It says that the Corporation will prepare reports on its administrative and development activities in prescribed format of government, and will submit the same with the 30th September of next fiscal year. Section 44 of the law deals with the citizen charter, and states the following. The Corporation will publish a document titled “Citizen Charter” with description on the

services to citizens, conditions for the services, timeline of the services etc. This charter will be updated once in a year.

The Corporation can make guidelines regarding an ideal citizen charter.

The Corporation can bring necessary changes and additions in the charter subject to the

notification to the government and the commission.

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UAP A Comparative Discussion before and after the dividation of DCC DCC The charter will include accurate and clear description of the services, charges of such

services, eligibility of receiving and demanding services and the processes thereof, specific timeline of the services, responsibilities, assurance of services to the citizens, disposal of complaints related to services, and consequences of violations of the promises.

Section 54(1) tells about people’s participation in the meeting. It says if any meeting is not held exclusively as unanimously decided by the majority of the councilors, such meeting will remain open for the people. Section 59 of the law provides that all agreements signed by or in favor of City Corporation will be finalized after approval by the meeting of the Corporation, and such agreements will be considered as accomplished in the name of Corporation. Section 62 of the law provides that (the Corporation will) preserve all documents in proper manner. It further says the Corporation will prepare reports and statements, and publish them. The Corporation will disclose information as the government asks for, from time to time. Section 110 deals with the citizens’ right to information in the following manner: Any citizen has the right to information regarding the Corporation

However, sub-section 2 says that Corporation, through gazette notification, can classify any

records or documents in the interest of the people and of administrative security; that citizens will lose their right to access those classified records or documents; and that Corporation can deny any such requests from the citizens.

It further says that the government can instruct the Corporation to publish a list of information deliverable to the citizens.

The Corporation can make regulations regarding information disclosure process etc.

3.2 Legal provisions governing committee meetings Section 50 deals with the standing committees of the Corporation as saying that the Corporation will, in its first meeting of the year, form standing committees on the following areas. The committees will function for period of 2 years and 6 months, and after this period, new committees will be formed. The committees are as follow: Finance and Establishment Waste management Education, health, family planning and sanitation Town planning and improvement Audit and accounts Town infrastructure development and preservation Water and electricity

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UAP A Comparative Discussion before and after the dividation of DCC DCC Social welfare and community center Environment improvement Sports and culture Birth and death registration Communication Supervision, monitoring and control of market prices Disaster management

Section 49 (3) deals with the meeting of the Corporation as saying that the Corporation on any working day in the first week of a month will hold a meeting and fix a date for the next meeting. Section 54 (1) tells about people’s participation in the meeting. It says if any meeting is not held exclusively as unanimously decided by the majority of the councilors, such meeting will remain open for the people.

4. Analysis I have done a comparative study on dividation of City Corporation by analyzing data, collected from Questionnaire and other facts. I have shown some analysis on important question here.

I. Do you think the Public health factors have developed by the dividation of DCC?

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II. Do you think the social welfare system has been improved by the dividation of DCC?

III. Don’t you think the culture has changed due to dividation of DCC?

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IV. Do you think educational institution has increased for the dividation of DCC?

V. Don’t you admit that infastucture of this area has been improved by this separation?

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VI. Don’t you think that was a perfect urban planning?

VII. What about the water supply & drainage system of this area after this separation?

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UAP A Comparative Discussion before and after the dividation of DCC DCC VIII. Do you think your waste management system has been increased by this dividation?

IX. What is the status of the administrative & the management system of DCC after it’s dividation?

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X. Does anybody loss their property due to this separation?

XI. What is the current situation of the quality of the DCC’s Services?

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UAP A Comparative Discussion before and after the dividation of DCC DCC XII. What is your opinion about the reducing of complexity and ensuring the availability of the

services of DCC after its separation?

XIII. Don’t you think that a political intention has worked for this dividation?

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5. Findings

5.1 Findings from secondary Data Source

5.1.1 Dissolution The Awami League government on 29 November 2011 dissolved the Dhaka City Corporation by the Local Government (City Corporation) Amendment Bill 2011 passed by the Parliament of Bangladesh after being placed in the Parliament on November 23. The city corporation will be split into two corporations, North and South, with the southern wing holding more territory than the north. Each corporation will be a self-governing entity, thus giving the city of Dhaka two mayors. The government holds that bifurcation would ensure better quality of civic services to the Denizens of the city.

5.1.2 Dhaka North City Corporation Dhaka North City Corporation consists of 36 wards covering the thanas of Mirpur, Mohammadpur, Sher-E-Bangla Nagar, Pallabi, Adabor, Kafrul, Dhaka Cantonment, Gulshan, Banani, Badda, Uttara & some others.

5.1.2.1 Services Road Cutting Permission New Holding Number Procedure of Holding Tax Service Transfer of Holding Name New and Renewal of Trade License Birth / Death Registration Smoke Free Guideline Burial ground booking/reservation Community Center Booking No Objection Certificate for Multistoried Building Purchase of GIS based Map

5.1.2.2 Other Services Birth Registration Trade license No Objection Certificate for Multipurpose Building Tax Appeal Form (P) Transfer of Holding Name Shop Allocation Form

5.1.3 Dhaka South City Corporation Dhaka South City Corporation consists of 56 wards covering the thanas of Dhaka Kotwali, Motijheel, Sutrapur, Ramna, Bangsal, Wari, Gendaria, Chwokbazar, Lalbagh, Hazaribagh, Dhanmondi, Shahbagh, New Market, Khilgaon, Kamrangirchar & some others.

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UAP A Comparative Discussion before and after the dividation of DCC DCC 5.1.3.1 Services Hospital DSCC Hospital Road/Drain/Footpath Markets Museum Burial/Burning Ground Street Light Gymnasium Community center Maternity center On Street Car Parking Library Music anc school Bus Terminals Public Toilet Playground

5.1.3.2 Other Services Birth Registration Trade License Rate Trade License No objection certificate for multistoried building Tax appeal Form (P) Transfer of holding name Shop Allocation Form

5.2 Findings from Survey/ Primary data Source Here are the findings from the survey

From the analysis I have noticed that among 20 person 7 peoples have denied that Public health factors have developed by the dividation of DCC but the more interesting thing is that those persons are from the south city corporation. On the other hand, Six people from north city Corporation has accepted it.

Most of the people think that the social welfare system has not improved yet.

Most of the people think that their culture has not changed due to the dividation.

More than 80% percent people say that their educational institution has not increased and it has remained unchanged yet.

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UAP A Comparative Discussion before and after the dividation of DCC DCC More than 85% people think that the infrastructure has not improved or changed yet, but I

found some difference between the opinion of North City Corporation People to South City Corporation.

Half of my sample population believes that this urban planning was perfect, but the rest 50% did not comply with them.

Many people think water & Drainage system system has not changed yet and many others think the quality is going down day by day.

Again, I have seen some dissimilarity with the opinion of the people in both parts. Most of the people of the north city Corporation told me that the waste management system has been increased than before, but on the other hand south city corporation people told me the vice versa.

Most people told me that the service quality is going down & its become poor than before.

Some people of the north city corporation have lost their property because of the formulation of the New city corporation infrastructure.

Al most 90% people think that the current service quality is poor.

North city people admit that by the new city corporation, they get some advantage specially availability and the reducing of complexity, but south city people do not agree with that.

Finally, the most interesting finding is that all most all people think that behind this dividation political influence is stronger than others.

5.2.3 Opposition to the dissolution The split was condemned by opposition party BNP, some citizens, and even by members of the incumbent government. Incumbent mayor Khoka (who lost his seat) of BNP promised that he would not contest the next city elections if the government would let the city not be split. He also promised that the split will be scraped once BNP returns to power. Incumbent councilors as well as staff of the former City Corporation went on strike if the bill was passed. Protesting staff of the Corporation were met with an armed police force. There were calls by some for a referendum before the split was made. Since only the corporations are being split without a split in service providing agencies, this may give rise to a messy situation with a bureaucratic bottleneck, causing coordination failure amongst the services provided to the citizens. Some have suggested that the creation of two corporations will result in a greater payment in taxpaying money for administrative expenses, without a guarantee of improvement in civic services. Since the Constitution of Bangladesh names Dhaka as the capital of Bangladesh, some legal experts believe that the law may be challenged as a violation of the constitution. To this end, Khoka filed a writ petition at the High Court challenging the new law after it was passed; the court, in turn, asked the government to show cause as to why the split was not illegal or unconstitutional.

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5. Practical Recommendation Here some recommendation to enhance Citizens Rights-

DCC should develop a feasible urban planning.

They must improve their service quality.

DCC should keep their eye on the Social welfare system.

Management should develop some educational institute to have an educated society.

They should develop their infrastructure like IT, Medical & Health etc.

They should improve water, Drainage & waste management system.

Finally, all of us should think about our future generation, our country rather than personal benefits.

6. Conclusion At the final stage of my report I want to state that, We have many good plans but lack of implementation of those plans of miss guide of those plans we can’t enhance our rights. But if we can use the with good intention, we may enhance our rights. Relation with citizens’ rights to dividation of DCC is the hottest topic to debater. In my opinion it can be good way decentralize the Dhaka city if we use it with the good intention.

7. Reference Research Initiatives Bangladesh, Dhaka, 2015. REPORT OF THE STUDY OF PROACTIVE

DISCLOSURE OF INFORMATION BY DHAKA SOUTH CITY CORPORATION, available at - http://ribrtibangladesh.org/publications/Report%20of%20the%20study%20on%20DSCC%2026.12.'12-1.pdf

Banglapdia.org, 2012. History, available at- http://www.banglapedia.org/HT/D_0177.htm

Wekepedia, 21 October 2014. Dhaka City Corporation, available at http://en.wikipedia.org/wiki/Dhaka_City_Corporation

Dhaka south city corporation, Nov 25, 2014. Available at http://www.dhakasouthcity.gov.bd/

Dhaka North city corporation, 2014. Available at http://www.dncc.gov.bd/

Shagor Talukder, 2015. Administration department, discussion on service procedure and rights of citizens’ of DCC. Personal communication, Jan 5, 2015.

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http://ribrtibangladesh.org/publications/Report%20of%20the%20study%20on%20DSCC%2026.12.'12-1.pdf

http://ribrtibangladesh.org/publications/Report%20of%20the%20study%20on%20DSCC%2026.12.'12-1.pdf

http://www.banglapedia.org/HT/D_0177.htm

http://en.wikipedia.org/wiki/Dhaka_City_Corporation

http://www.dhakasouthcity.gov.bd/

http://www.dncc.gov.bd/


8. Annexure

8.1 Questionnaire

Date Sir,

I am sharmin Akhter. I am studying at University of Asia Pasific (UAP) in 6th Semester. I am preparing a Report on “Cityzens Rights enhancement or abscission- A comparative discussion before and after the dividation of Dhaka City Corporation” For comparative analysis I need some data from you. I expect it would be very effective for you because you can express your opinion & share your experience with Dhaka City Corporation by this report to them.

I ensure that your identity will not be enclosed and this data will use only for academic purposes.

So I expect that you are kind enough to associate with me for completing this report and also my better future.

Thankfully

Jahirul Islam ID: 12111034 Program: LLB (Hons)

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UAP A Comparative Discussion before and after the dividation of DCC DCC Please chose answer by giving Tick mark

1. Do you think the Public health factors have developed by the dividation of DCC?

a) Yes b) No c) Unchanged

2. Do you think the social welfare system has been improved by the dividation of DCC?


3. Don’t you think the culture has changed due to dividation of DCC?


4. Do you think educational institution has increased for the dividation of DCC?


5. Don’t you admit that infastucture of this area has been improved by this separation?


6. Don’t you think that was a perfect urban planning?

a) Yes b) No

7. What about the water supply & drainage system of this area after this separation?

a) Yes b) No c) Unchanged d) Poor than before

8. Do you think your waste management system has been increased by this dividation?

a) Yes b) No c) Decreased

9. What is the status of the administrative & the management system of DCC after it’s

divination?

a) Yes b) No c) Unchanged d) Poor than before

10. Does anybody loss their property due to this separation?

a) Yes b) No

11. What is the current situation of the quality of the DCC’s Services?

a) Good b) Bad c) Poor

12. What is your opinion about the reducing of complexity and ensuring the availability of the

services of DCC after its separation?


13. Don’t you think that a political intention has worked for this dividation?

a) Yes b) No

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assignment com discussion dcc 1.1

Documents

dhaka city corporation

administrative law course

jahirul islam id

course title

comparative discussion

comparative disucssion

data source

data analysis