BACKGROUND OF THE STUDY
Some Acts, Ordinances, Rules and Regulations called public regulations guide physical development of urban and rural areas. They serve as safeguard for development. The regulations are dispersed within different Acts and Ordinances or within purposively framed law. In Bangladesh, many laws involve with physical development. Some of those not exclusively identifies as planning laws. Different types of statutes and enactments frame to serve the needs of different issues. Different public authorities perform responsibilities as the enforcement authorities of those rules and regulations.
Planning law is the major tool for the urban and rural planning, implementation and control of development activities. Specific and individual statute or enactment preserves the role on such planning, implementation and control. All planning and development aspect guides through the prescribed regulatory arrangements and this guidance ensure effectiveness of the plans. Planning aspects prepare by the prescribed authority as the functions notified in the statute. Planning tasks involve with private sector or individual landowners also needs approval from the specific public authority according to the regulations prescribed through an enactment or statute. Again, development activities closely depends on the planning tasks. Planning work is the per-requisite of a development work. The law frame on the process and procedure of planning tasks and on the need of their enforcement authorities rather than the development activities.
A series of Minor Acts and authorities involve with urban and rural planning, development and control. Every Minor Act carries with it a number of definite problems. Those problems identifies as the result of a large number of causes. Poor and outdated regulations generally generate those causes. As a result, the quality of living environment in urban and rural areas of Bangladesh is being continuously deteriorating. Some of the causes presents below.
Administrative inefficiency
A large number of statutes and enactments are partly or fully enforced by the Deputy Commissioner. The administrative set-up of this authority is not adequate for efficient execution of those Acts and Ordinances. As an example, four ADCs (Assistant Deputy Commissioner) and one ADM (Additional District Magistrate) is not enough for efficient administration of planning regulations in the 20 Thanas of the Dhaka Zila. In addition, staffs of the authorities are not well versed with contemporary rules and regulations required to be enforced by them.
Financial and technical constraints
The law enforcement authorities are not well supported by the government both financially and technologically. So, the authorities are not able to provide efficient services as prescribed in the statutes. Inspection by the authorities during construction of private buildings and training of public employees on the efficient execution of the planning regulations are not possible due to the lack of financial ability of the authorities.
Out-dated regulations
A certain regulation remain enforces during thirty, forty or fifty years, up to its amendment. Generally speaking, regulation comes into force to meet certain emergency need of the society. There are exceptions such as Forest Act, Sericulture Board Ordinance, Handloom Board Ordinance, Water Pollution Control Ordinance, Wild Life Preservation Order, etc. At the time of enactment, existing situation of the society considers. This situation may change subsequently. In urban areas of Bangladesh, needs and necessities drastically changes after 1980. Most of the regulations provide for urban development originates before 1980. In these regards, it mensions, out-dated laws enforce to control and development of urban and rural planning of Bangladesh.
Communication gap among the authorities
Every authority is responsible for performing responsibilities as prescribed. But, at times it is necessary to establish communication among the authorities when perform development activities. For an example, to construct a public toilet in urban premises, Pourashava authority requires permission from Deputy Commissioner to acquire the said land under the Acquisition and Requisition of Immovable Property Ordinance 1982. Another example, development work on utility services as telephone, water and sewerage disposal, electricity is carried out as and when necessary. Because, lack of communication among the concerned authorities, work on same road continues one after another. This is happened despite the fact that in all the authorities there is a decision-making ‘committee’ established with representatives from different authorities.
Overlapping of functions on two or more authorities
In the urban areas of Bangladesh, purposes of some Acts and Ordinances are same to control development but enforcement authorities are more than one. As an example, controlling authority regarding building construction in the divisional cities: Deputy Commissioner, Development Authority and City Corporation may involve him with the execution of Building Construction Act, 1952.
