বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (দ্বিতীয় খণ্ড)/৯

শিরোনাম সূত্র তারিখ
'মৌলিক গণতন্ত্র আইন' ঘোষিত পাকিস্তান অবজারভার ২৭ অক্টোবর, ১৯৫৯

BASIC DEMOCRACIES ORDER PROMULGATED
Adult Franchise for Council Polls
Fundamentals of Five Tiers Explained.

 Karachi, Oct. 26.- “The basic democracies Order. 1959" was promulgated today by the President “To provide for the constitution of basic democratic institutions throughout Pakistan and to consolidate and amend certain laws relating to local Government."

 The first article (short title, extent and commencement) and article III (Definitions) come into force at once and the remaining provisions of the Order come into force “In such areas on such dates as the Government may, by notification in the official Gazette, appoint in this behalf."

 The Order extends to the whole of Pakistan but “should be circumstances of any local areas be such that any of the provisions of the Order are unsuited thereto Government may accept the local areas or any part thereof, from the operations of those provisions." While such exception remains in force, Government may make rules for the regulation of the matters so excepted....

 The Order provides for the Constitution of basic democratic institutions ranging from Union Councils to the Provincial Development Advisory Councils. It lays down that elections to Union Councils (In Rural Areas); Town Committees (For Town) and Union Committees for urban areas shall be held on the basis of adult Franchise.

 The total number of appointed members of a Union Council (rural areas) “shall not be more than one-half of the total number of its elected members" and no official shall be a member of a Union Council. Union Committee or Town Committee.

 Except within the jurisdiction of the municipal bodies or Cantonment Boards at Karachi, Dacca and Lahore the number of elected and appointed members in Union or Town Committee as the case may be, determined by the commissioner of the division concerned. In Karachi, Dacca and Lahore the number of elected and appointed members will be determined by the Government.

Village Police Force.

 Government may establish a village police force in such rural areas as may be notified from time to time for discharge of duties specified in the third schedule with the village Kotwal as its head with powers going up to arresting “without an order from a Magistrate and without a warrant" any person concerned in any cognizable offence.  Where the head of the district administration is convinced that special measures are required to secure village defense of public security, he may by order require that all or any of the able bodied adult male inhabitants of the union shall be liable to patrol duty for such period as may be specified in the order.

Second Tier.

 The second tier in the basic democracies is the Thana Council for East Pakistan and the Tehsil Council for West Pakistan. These will coordinate the activities of all Union Councils and Town and Union Committees in their jurisdiction. In the discharge of their functions the Thana Councils shall be responsible to the District Council concerned.

 The Thana Council shall consist of representative members with such number of official and nominated non-official (appointed) members as may be fixed by the Commissioner. The chairman of the union councils and union and town committees shall be ex-officio (representative) members of Thana Councils. The total number of official and appointed members of the council will not be more than one half of the total number of its representative members. The Subdivisional Officer, an ex-officio member, will be its chairman.

Third Tier.

 The third tier will be the District Council. The chairman of the Thana or Tehsil councils and of the Municipal Bodies and the Vice-Presidents of the Cantonment Boards within the district and such representatives of departments as may be specified by the Government and appointed by the Commissioner of the Division shall be ex- officio (official) members of the District Council. The total number of appointed non- official members of a District Council shall not be less than the total number of its official members and at least one half shall be chosen from amongst the chairmen of the union councils and of the town and union committees in the district. The Collector of the district shall be an ex-officio member and chairman.

Fourth Tier.

 The fourth tier Divisional Council will consist of chairmen of the District Councils (Collectors in their new capacity in the basic democracies) and such representatives of Government Departments and Cantonment Boards and of Municipal Bodies as may be appointed by the Government who will be ex-officio official members of the Divisional Council. The total number of appointed non- official members of a Divisional Council shall not be less than total number of its official members and at least one half of the appointed members shall be chosen from amongst the chairmen of union councils, union committees and town committees in the Division. The Commissioner of Division shall ex-officio be one of the official members of the council and its Chairman.

ADVISORY COUNCILS

 Then there will be two Provincial Development Advisory Councils. Each of them will consist of such number of official and appointed members as may be fixed by the President. The total number of appointed non-official members shall not be less than total number of official members.

 The terms of office of all these councils and committees will be five years commencing from the day on which the concerned committee or council assumes office.

 For the purpose of election to a union council or to a town or union committee, the union or town will be divided into wards. The number of members to be elected from each ward will be determined by the commissioner or Government as the case may be. Candidates must not be less than 25 years of age on the first day of January preceding the election. Persons disqualified from membership of an elective body under the EI3DO or similar laws shall be disqualified from being candidates at these elections though they may still exercise their vote.

 Members who have ability to render service to the people may be appointed to union councils and union and town committees.

 Special consideration will be given to minorities and women and organizations concerned with agricultural, industrial or community development in such appointments to Union Councils and Union and Town Committees.