Village Parishad Act, 1989

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Village Parishad Act, 1989

ACT NO.33 OF 1989

An Act made to provide for the establishment of Village Parishads

Whereas it is expedient to establish Village Parishads aiming at general uplift of village people;

It is enacted as follows:-

1. Short title.- This Act may be called The Village Parishad Act, 1989.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act -

(a) "Electoral Roll of a Village" means the electoral roll prepared for the election of the union parishad concerning the respective village;
(b) "Parishad" means a Village Parishad established under this Act;
(c) "Member" means a member of a Village Parishad.

3. Village determination.- (1) For the purpose of this Act, every Union Parishad shall prepare a primary list of the union villages and their borders, and shall then make it public by notification in the Union Parishad office.
(2) If anyone of the village inhabitants has any suggestions or objections concerning the said list, he may make them known to the Union Parishad in writing within seven days after the table has been made public.
(3) If within the determined time no suggestion or objection has been made, the first list shall be deemed final, and the Union Parishad shall transmit the final list to the Upazila Nirbahi Officer for confirmation within seven days after the said date has expired.
(4) If within the determined time a suggestion or objection has been made, the Union Parishad shall consider it within seven days after the said date has expired, and shall, on the basis of its decision, render the first list final; and the Union Parishad shall transmit the final list, containing the written suggestions or objections and its respective decision documents, to the Upazila Nirbahi Officer for confirmation, within seven days after the said date has expired.
(5) The Upazila Officer-in Charge shall within seven days after receiving the final list, leaving it unchanged or correcting it, confirm it, and make it public by notification of a copy of the final list in the offices of the Upazila Parishad and the Union Parishad.
(6) Only villages included in a list confirmed under this section shall be considered to be villages where Village Parishads are to be established.

4. Establishment of Village Parishads.- (1) As soon as may be after the commencement of this Act, a Village Parishad shall be established in every village, according to the provision of this Act.
(2) The Parishad shall consist of a Village Headman and eight members.
(3) At least two among the members shall be women.
(4) The members shall appoint one from amongst themselves as Secretary.
(5) The Head and members of the Parishad shall be elected according to the provision of this Act.

5. Qualifications and disqualifications of the head and the members of the Parishad.- (1) A person shall, subject to the provision of sub-section (2), be qualified for election as Head or member of a Village Parishad, if he is a citizen of Bangladesh, has completed his 25th year and is a permanent inhabitant of the respective village.
(2) A person shall be disqualified for election as, or for being, a Head or member of a Village Parishad, if-

(a) he abandons or loses Bangladeshi citizenship;
(b) he is declared by a competent court to be of unsound mind;
(c) he leaves his village to live permanently elsewhere;
(d) he is sentenced by any court;
(e) his name is not on the voter list of the village; or
(f) he is or becomes Chairman or member of a Union Parishad.

6. Parishad election procedure.- (1) The Upazila Nirbahi Officer shall conduct the Parishad elections, and shall take whatever measures are necessary for the elections.
(2) If it seems expedient to him, the Upazila Nirbahi Officer may transfer all or any of his responsibilities concerning the elections to any officer of the Upazila.
(3) According to the rules under this Act the Head and members of the Village Parishad shall be elected by the majority of votes.
(4) Notwithstanding anything said in this Act, the Village Parishad of any village may also be established through appointment of Head and members by a person determined by the Government.

7. The term of the Parishad.- The term of the Parishad shall be a period of three years commencing on the day of its first meeting:

Provided that, notwithstanding the expiration of its term, a Zila Parishad shall continue to function until the first meeting of the Parishad constituted to succeed it.

8. Removal of the Village Headman and of the members.- (1) The Village Headman or any of the members shall be removable, if he -

(a) stays away from the village for a long period without reasonable excuses, or if he absents himself in three subsequent meetings of the Village Parishad;
(b) refuses to discharge his functions, or is unable to discharge his functions due to physical and mental sickness;
(c) is proved guilty of misconduct or misuse of powers, or if he is responsible for damages to the property of the Parishad, or for misappropriation.

(2) The Village Headman or any member shall not be removed from their posts for reasons as described under sub-section (1), unless the proposal for his dismissal is taken by three forths of the votes of the total number of members of the Parishad, and the Upazila Nirbahi Officer accepts the said proposal.

9. Vacation of office ofVillage Headman and members etc.- (1) The office of the Village Headman or of any member shall become vacant, if -

(a) he becomes incapable of remaining in his office under section 5;
(b) he resigns his post through a signed letter to the Upazila Nirbahi Officer;
(c) he is removed from his office under section 8;
(d) he dies.

(2) If the office of the Village Headman or any member becomes vacant, the Upazila Nirbahi Officer shall make it public by notification in the offices of the Upazila Parishad and of the respective Union Parishad.
(3) If the office of the Village Headman or any member becomes vacant, the vacant office shall be filled within three months thereafter, according to the provision under section 6.
(4) If the office of the Village Headman is vacant, the functions of the office shall be discharged by any person to be appointed by and from amongst the members, until the office is filled.
(5) If the office of any of the members is vacant, the functions of the office shall be discharged by any person to be co-opted by the members.

10. The functions of the Parishad.- The functions of the Parishad shall be the following, namely:-

(a) increase of agricultural and food production;
(b) population control and family planning;
(c) removal of illiteracy and extension of public education;
(d) settlement of local disputes and quarrels in order to maintain peace and order in the village;
(e) assistance to authorities controlling law and order;
(f) encouragement to the village inhabitants for the establishment of cooperative assemblies, foundation of small industries, building of stalls for goose and chickens, keeping of fish and animals;
(g) undertaking of any programme leading to welfare for the general uplift of the villagers;
(h) encouragement of the villagers to take part in any measures and works for welfare;
(i) creation of a conscience oriented towards development among the village inhabitants, and information about the organization of the country;
(j) execution of any other functions given by the Government.

11. Parishad fund.- The Parishad may establish a fund to meet its expenses, and the said fund shall be collected in the following manner, namely:-

(a) budget grants from the Union Parishad;
(b) budget grants from any person, cooperative assemblage or institution;
(c) earnings from any implemented lucrative scheme under the supervision of the Parishad;
(d) wealth from any other sources.

(2) The collected money of the fund shall be deposed at the post office or at any scheduled bank, and can be withdrawn through the signatures of both the Village Headman and the Secretary of the Village Parishad.
(3) The Upazila Officer-in-Charge or any officer nominated by him may observe the Parishad fund.

12. Supervision of the Parishad.- The Chairman of the Zila Parishad, the local Member of Parliament, the Chairman and Nirbahi Officer of the Upazila Parishad, and the Chairman of the Union Parishad may supervise the activities of the Parishad.

13. Supersession of Parishad.- If, after such enquiry as may be necessary, the Upazila Nirbahi Officer is of the opinion that -

(a) the Parishad is unable to discharge or persistently fails in discharging its duties, or
(b) the Parishad is unable to meet its financial obligations, or
(c) the Parishad generally acts in a manner contrary to public interests, or
(d) the Parishad in any other way exceeds or abuses its powers, in that case he may by written order under the rules made under this Act, supersede the Parishad.

(2) After the abolition of any Parishad, the Chairman of the Union Parishad shall discharge its functions until the first meeting of the newly established Parishad.

14. Power to make rules.- The Government may, by notification in the official Gazette, make rules for the purpose of this Act.

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