National Consultant - Preparing Planning Rule of Upazila Parishad and Charter of Duties of The Members of Upazila Parishad, Home Based with Field Visit As Per Requirement, Bangladesh

 

Closing date: Sunday, 24 May 2015

NATIONAL CONSULTANT - PREPARING PLANNING RULE OF UPAZILA PARISHAD AND CHARTER OF DUTIES OF THE MEMBERS OF UPAZILA PARISHAD
Location : Home based with field visit as per requirement, BANGLADESH
Application Deadline : 24-May-15
Additional Category
Democratic Governance
Type of Contract : Individual Contract
Post Level : National Consultant
Languages Required : English
Expected Duration of Assignment : 44 working days over the period of 6 months
Background
Project Description
Upazila Governance Project (UZGP) aims to strengthen Upazila Parishads (UZPs) as an effective tier of local government through capacity building, policy support and ensuring participatory citizen engagement for local development, effective service delivery and attainment of the Millennium Development Goals (MDGs).
The overall objective of the Upazila Governance Project (UZGP) is 'Government institutions at the national and sub-national levels are able to more effectively carry out their mandates, including delivery of public services, in a more accountable, transparent and inclusive manner'. The outputs of the project are as follows;

• Output 1: Strengthened Upazila Parishads as more functional, democratic transparent and accountable institutions;
• Output 2: Strengthened Planning and Budgeting system at UZP with MDG orientation and pro-poor service delivery mechanism;
• Output 3: Strengthened technical capacity of Local Government Division for effective policy review, monitoring, lesson learning and capacity development of LGIs for improved Local Governance.

The Upazila Governance Project (UZGP) falls within the programmatic framework of the deepening democracy and scaling up support for the MDGs initiative. UZGP is part of the overall programmatic framework for UNDP and UNCDF support to the Government of Bangladesh Local Governance reforms. The project duration is from 2011 to 2016. The project is being nationally implemented by the Local Government Division of the Ministry of Local Government, Rural Development and Co-operatives and funded by the European Union and the Swiss Agency for Development and Cooperation.
The Upazilla Parishad Act was enacted in 1998 and has subsequently been amended in 2009 and 2011. The Article 63 of the UZP Act relates to powers to make Rules by the government as follows
Article 63. Power to make Rules
(1) The Government may, by notification in the official Gazette, make Rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such Rules may provide for all or any of the following matters, namely:-

• Powers and functions of the Chairmen and members;
• Provisions regulating the contracts on behalf of Upazila Parishads;
• Provisions for the execution of the functions of Upazila Parishads;
• Matters relating to maintenance and publication of records, reports etc. of the Upazila Parishads;
• Matters relating to appointment and terms and conditions of service of officers and employees of Upazila Parishads;
• Matters relating to custody, administration, regulation and investment of the Upazila Fund;
• Matters relating to the audits;
• Matters relating to maintenance and management of the property of Upazila Parishads;
• Matters relating to preparation and implementation of construction works and development plans;
• Matters relating to the activities of the officers and employees for the maintenance of property of Upazila Parishads;
• Matters relating to taxes etc.;
• Matters relating to appeal against the orders of Upazila Parishads;
• Matters relating to requisitioning special meetings and removal of the Chairman or any other member/s;
• Matters relating to preparation and approval/sanction of budgets;
• Other ancillary matters related for the implementation of the provisions of this Act.

The Government has circulated the below listed seven rules to-date;

• Powers and functions of the Chairmen and members;
• Provisions regulating the contracts on behalf of Upazila Parishads;
• Provisions for the execution of the functions of Upazila Parishads;
• Matters relating to appointment and terms and conditions of service of officers and employees of Upazila Parishads;
• Matters relating to maintenance and management of the property of Upazila Parishads; and
• Matters relating to preparation and approval/sanction of budgets;
• Matters relating to leave of Chair, Vice-Chair, member and women member of Upaizila Parishad

Nonetheless, the following seven rules have been developed with the support of UZGP, which are under reviewing by Local Government Division (LGD).

• Upazila Parishad (Maintenance and Publication of Record, Reports, etc.) Rules, 2014
• Upazila Parishad Fund (Custody, Administration, regulation and Investment) Rules, 2014
• Upazila Parishad (Maintenance of Accounts and Audit) Rules, 2014
• Upazila Parishad (Conduct of Officers and Staff for Maintenance of Property) Rules, 2014
• Upazila Parishad (Appeal Against Orders) Rules, 2014
• Upazila Parishad Chairmen, Vice Chairmen and Members (Resignation, Removal and Vacation of Office) Rules, 2014
• Upazila Parishad (Taxation) Rule, 2014

Presently, almost all UZPs prepare budget while it was only 20% in 2012. Besides, preparation of five-year plan is improving from 7% UZPs in 2012 from 27% UZPs in 2014. Moreover, there is a provision of UZP Budget preparation rule, 2010 that UZP has to allocate budget in line with the 'Plan'. Although, there is a planning guideline for local government institutions (circulated in 2014), it will be tough to follow by the UZPs as that was prepared for all LGIs. Besides, there is also in some extent outline for preparing development planning in another guideline (UZP's Development fund Utilization Guideline, 2014). Finally, there are no exclusive rules, regulations or guideline for UZPs for preparation annual and five-year plan. In that context, a planning rules has to be prepared and the project is taking this initiative as per the section-63 of UZP Act, 2009 (revised in 2009 and 2011).
On the other hands, Charter of duties of UZP's officials including Chair, Vice-Chair, UNO and other transferred government officials were prepared and circulated. However, there is no Charter of duties of UZP's member which create confusion while discharging due duties. In this regards, Charter of duties of UZP's members will have to be developed.
The overall objective of the assignment is 'to increase functional efficiency and effectiveness of the UZPs and related technical support from the Government through structured rules. A draft Planning Rules has been prepared by a consultant in 2010, which is not approved yet. In this assignment, the consultant will prepare a Planning Rule of UZP in line with the existing draft planing rule and legislations. Consultant will also prepare a Charter of Duties of the members of UZP.
The key objectives of the assignment that have to be completed by the consultant are as follows;

• To prepare a draft Planning Rule of UZP;
• To prepare a Charter of Duties of the members of UZPs.

Duties and Responsibilities
Scope of work
The scopes of the assignments are to prepare Planning Rule of Upazila Parishad and Charter of Duties of UZP's members following the below outline;

• Document Review: Consultant will review existing Acts, Rules, regulations, guidelines, circulars, government order, directives and other relevant official documents of LGIs (Union Parishad, Upazila Parishad, Zila Parishad, Municipality & City Corporation) for completing the assignment. The consultant will undertake comprehensive literature review including reports, research report, books, journal etc. The consultant will also review the existing international practices through rigorous web surfing.
• Interview: Consultant will conduct interviews with identified stakeholders in Dhaka that will include policy makers, practitioners, civil society, academician, elected representatives of Local Government Institutions and different level of government officials etc. Consultant will have to visit Planning Commission, interview, collect and review relevant documents. Total number of interviews in Dhaka would be at least 30.
• Field Visit: For the purpose of field level data collection, validation of information, capturing grass-root experience, the Consultant will visit at least 10 Upazila Parishads and 10 Union Parishads spread over the countries. Consultant will interview field level government officials and UZP's members individually and in-group. Consultant will have to visit UZPs of hilly areas (Rangamati/Khagrachhari/Bandarban), river prone areas and plain land. Consultant will also visit required number of Zilla Parishads and Municipalities, and consult with the stakeholders. Total number of field level interviews would be at least 50.
• Drafting Rule and Charter of Duties: Consultant will prepare Planning Rule and Charter of Duties, as elaborated above, ensuring that they are not in conflict with any existing legislations of LGIs and other government agencies.
• Submission of draft Rule and Charter of Duties: Consultant will submit field validated draft rule and Charter of Duties to UZGP and make presentation to the Project, LGD and UNDP.
• Finalization of Rule and Charter of Duties: Consultant will incorporate feedback and submit final set of Rule and Charter of Duties to UZGP.
• Report: Consultant will prepare a report based on the findings of interviews and meetings, where methodology of data collection, list of interviewees, profile of interviewees, findings and recommendations will be included.
• Language: Rule and Charter of Duties will primarily be prepared in Bangla with a high standard certified English version. The language of Report will be in English only.

Expected Outputs and Deliverables

• Inception report outlining proposed methodology includes methods, list of Interviewees, list of participants of group discussion, list of documents to be reviewed and work plan to undertake assignment as per identified scope of work
• Draft Planning Rule and Charter of Duties of Upazila Parishad both in Bangla and translated version (Soft copy in MS Word on CD/ email, 5 hard copies each of Bangla & English version)
• Revised Draft Planning Rule and Charter of Duties (Soft copy in MS Word on CD/ email, 5 hard copies each of Bangla & English version)
• Final version of Planning Rule and Charter of Duties in Bangla with a translated English version (5 Hard copies and soft copy with MS Word version).
• A Field observation Report as per the scope of work (Hard and soft copy in MS Word version).

Institutional Arrangement

• The Local Government Division will qualitatively review, evaluate and accept the final product of the assignment under the lead of the National Project Director (NPD)- UZGP. The assignment will be under the supervision of the Project Manager of UZGP in close collaboration with the Technical Advisor of UZGP & UPGP.
• The Research Officer (RO) UZGP & UPGP will be the point person for coordination of activities and communications forms the Consultant. During the assignment Project Manager, UZGP will be responsible for supervising and certifying that the works, tasks, assignment have been satisfactorily performed. The RO will be receiving invoices for payment that will be cleared post Technical Advisor's (UZPG & UPGP) certification.
• The UZGP would provide soft/hard copies of background papers, UZP's act, rules, regulations and guidelines for the assignment. UZGP will arrange meeting with Government, UNDP and other stakeholders as required.

Duration of Work
The work is estimated to require 44 working days over the period of 6 months commencing from June 2015.
Duty Station

• Consultant will work from home and visit field as per required (mentioned in the scope of work).
• Consultant will have to visit 10 Upazilas for completing the assignment. Consultant will have to visit 7 Upazilas from different project districts (below table). Besides, at least one Upazila from Rangamati or Khagrachhari or Bandarban district will be visited by the consultant. Another, two Upazila from two different districts will be selected and visited by the consultation. In addition, Consultant will visit 10 Unions and 5 municipalities from the 10 Upazilas, and 5 Zila Parishads from the project districts.

#
Division
Project District
Project Upazila
1.
Dhaka
Kishoreganj
Kishoreganj Sadar & Mithamain
2.
Chittagong
Brahmanbaria
Brahmanbaria sadar & Bancharampur
3.