Local Government Act of Bhutan 2009
The Local Government Act of Bhutan (
Provisions of the Act
The Local Government Act of 2009 establishes local governments in each of the twenty Dzongkhags, each overseen ultimately by the
Dzongkhag governments
The Act establishes Dzongkhag Tshogdu (District Council) as the highest decision making body in the
Gewog governments
The analogous body at the
Municipal governments
The Act of 2009 presents no substantive change from previous law regarding the
Under the Act of 2009, a senior decision making body is established for some Thromdes (municipalities), the lowest level of administration. This body, called the Thromde Tshogde, is composed of seven to ten elected members and headed by a Thrompon. Every Thromde is classified as one of two types: Dzongkhag Yenlag Thromde and Dzongkhag Thromde; the latter is further subdivided into Class B Thromde and Class A Thromde based on population, development, and economy. Class A, or highest developed, Thromdes are allowed their own elected Thromde Tshogde; Class B Thromdes and Yenlag Thromdes are governed directly by either the Dzongkhag or the Gewog administration. From time to time, Parliament decides the boundaries of Thromde in consultation with the National Land Commission Secretariat and local authorities.[nb 12]
Thromde Tshogdes are empowered to regulate advertising, enforce public health and safety rules, and to levy taxes on land, property, property transfer (sales tax) and, "betterment." The municipal governments are also authorized to levy special taxes on vacant and underdeveloped land to encourage development, and to raise and spend money in to promote local economic development.[nb 13]
Other provisions
The Act of 2009 also codifies procedures for the dissolution of local governments, referenced but unspecified in previous legislation. Votes of confidence may be initiated by local populations when a written appeal convinces the Election Commission of Bhutan that more than half the population desires a poll. When the Commission approves a confidence poll, it is conducted within a month's time in the form of a yes–no question. At least two-thirds of any local population must vote "no" in order to dissolve the local government. Local governments, once dissolved, must be reconstituted within ninety days.[nb 14]
The Act of 2009 further provides a substantive and procedural framework for the roles and responsibilities of local government members, including conducting sessions and other business, voting, and record of proceedings and resolutions.[nb 15] It also mandates transparency and accountability through open sessions, public disclosure of information, and public participation.[nb 16] The Act of 2009 reforms offices within local bureaucracies, establishing secretariats at each level, creating a Thromde Executive Secretary, and allotting each bureaucracy with a staff of civil servants.[nb 17]
In the Act of 2009, there is no reference whatever to
Historical acts and local governments
The Local Government Act of 2009 was preceded by the Local Government Act of 2007,[3] the Thromde Act of 2007,[nb 19] the Dzongkhag Yargay Tshogdu Chathrim of 2002,[4] Gewog Yargay Tshogchung Chathrim of 2002,[5] the Bhutan Municipal Act 1999,[3] and other legislation. All previous acts were repealed by the enactment of the Local Government Act of 2009.[nb 20]
Until 1956, Bhutan had nine provinces headed by the penlops: Byakar (centered in present-day Bumthang), Dukye, Haa, Paro, Punakha, Dagana, Thimphu, Trongsa, and Wangdue Phodrang. Later, the country was reorganized into dzongkhags. In August 1987, the territory of Gasa dzongkhag was divided between Punakha and Thimphu; Chhukha dzongkhag was formed by merging the parts of Samtse, Paro, and Thimphu.[7][8] In 1992, Gasa dzongkhag was re-established and carved out from Punakha; the same year, Trashi Yangtse dzongkhag was carved out from Trashigang.[7][8]
The Acts of 2002 (Dzongkhag Yargay Tshogdu Chathrim and Gewog Yargay Tshogchung Chathrim) established much of the basic legal framework for Dzongkhg and Gewog administration. This framework established offices and terms, election and meeting procedures, functions and regulatory powers, roles and responsibilities, and codes of conduct for local governments comparable to those that were re-codified in subsequent legislation.[4][5]
The Local Government Act of 2007 authorized Dungkhags as intermediate divisions between Dzongkhags and Gewogs. These subdivisions were governed by Dungkhag Administration headed by a Dungpa. Under this Act, Gewogs were further subdivided into
See also
- Dzongkhag
- Dungkhag
- Gewog
- Chiwog
- Bhutanese legislation
- Law of Bhutan
- Elections in Bhutan
- 2011 Bhutanese local government elections
- Bhutanese democracy
Notes
- ^ Local Gov't Act 2008: Preamble
- ^ Local Gov't Act 2008: §§ 206–208, 263, 294
- ^ Local Gov't Act 2008: § 48
- ^ Local Gov't Act 2008: §§ 66–85
- ^ Local Gov't Act 2008: §§ 3–6
- ^ Local Gov't Act 2008: §§ 20–21
- ^ Local Gov't Act 2008: §§ 7–8
- ^ Local Gov't Act 2008: §§ 49–52, 216–229
- ^ Local Gov't Act 2008: §§ 250–264
- ^ Local Gov't Act 2008: §§ 9–10
- ^ Local Gov't Act 2008: §§ 53–60, 216–229
- ^ Local Gov't Act 2008: §§ 11–18, 85
- ^ Local Gov't Act 2008: §§ 61–65
- ^ Local Gov't Act 2008: §§ 36–47
- ^ Local Gov't Act 2008: §§ 86–140
- ^ Local Gov't Act 2008: §§ 141–150
- ^ Local Gov't Act 2008: §§ 230–249, 265–277
- ^ Local Gov't Act 2008: § 2
- ^ Local Gov't Act 2008: § 2
- ^ Local Gov't Act 2008: § 2
References
- ^ Government of Bhutan. 2009-09-11. Archived from the original(PDF) on 2011-07-06. Retrieved 2011-01-20.
- ^ The Local Government (Amendement) Act of Bhutan 2014 http://www.nab.gov.bt/assets/uploads/docs/acts/2015/local_Government_Act.pdf
- ^ Government of Bhutan. 2007-07-31. Archived from the original(PDF) on 2011-07-06. Retrieved 2011-01-20.
- ^ Government of Bhutan. 2007-06-14. Retrieved 2011-01-20.[permanent dead link]
- ^ Government of Bhutan. 2002-06-13. Retrieved 2011-01-20.[permanent dead link]
- Government of Bhutan. 2008-07-18. Archived from the original(PDF) on 2011-07-06. Retrieved 2010-10-08.
- ^ a b Law, Gwillim (2010-12-18). "Districts of Bhutan". Administrative Divisions of Countries ("Statoids"). Retrieved 2010-12-31.
- ^ a b Lahmeyer, Jan (2002). "BHUTAN – Historical Demographical Data of the Administrative Division". Population Statistics. Archived from the original on 2010-08-09. Retrieved 2010-12-31.