Structural reforms for effective public administration

Structural Reforms for Effective Public Administration

Presented By-ASM Nazmul Hasan

AHM Zannatul FerdousMasum Billah

THE CAIN PROJECT1

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Public Administration

Public administration attempts to explain how decisions in government are made.

Administrating projects to carry out those decisions for Public.

Art of management as applied to the affairs of the state.

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Public Administration Practices in a Country

Enacting a law. Making decisions. Maintaining peace and order. Processing of claims. Building roads and bridges. Setting standard and processes.

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Public and Private Administration

Criteria Public Administration Private Administration

1. Relations to environment

subject to public scrutiny; public demand & expectations; political pressures.

Less exposed to public inspection; response to public guided by market dynamics.

2. Accountability Accountable to the public; transparency in transactions is expected

Management accountable to owners of firms/corporations.

3. Measure of performance

General public satisfaction.

Profit is bottomline.

4. Nature of goods & services

Almost open to all. Based on ones ability to pay.

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Reforms

“Reform” means starting again after the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc.

Reforms seen more frequent in countries that have been more severely affected by the crisis.

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Reforms When fiscal and monetary policy room

very limited, structural reforms are the only way forward…

Sometime Reforms is for boosting competition in product markets, facilitating trade and enhancing the efficiency of services…

In developing countries, sometimes reform is a pre-condition by donor agencies…

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Example of Reforms

Education sector reforms Financial sector reforms Labour market reforms Policy reforms Land reforms Public sector Reforms

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Change and Reform

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Change and Reform Reform is planned or intentional where

Change can be planned or not planned. The word "Change" is a curious one. In

politics it is most often used in the context of "Time for a Change." It speaks to the periodic need to throw the rascals out.

“Reform” is like cleaning and tidying up a living room before a party.

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Reform and Revolution

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Reform and Revolution

“Reform” means physically or logically form again i.e. re-form in a planned way.

“Revolution” is a fundamental change in power or organizational structures that takes place in a relatively short period of time.

The reform aim to increase the efficiency and effectiveness of public action, to reduce costs and put an end to the supposed power of bureaucracies.

Govt. Reforms

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Latin American countries have had major reform especially with ‘Modernization of the state‘.

European Union was mandated to reform due to its vision & mission.

Former Soviet Bloc administrative reform went hand in hand with democratization and political reform.

Govt. Reforms … not so easy

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Modernization of Public Services

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Two

Phas

es: 1980’s

Government concentrated on

economic liberalization and on privatization of state owned industries

1990’sFocus on the

administrative reform of core state functions and

the building of state capacity

Survey conducted in 1999 found that during the last two decades:

40 % of the world's 123 countries had at least one major reform movement.

15 % had some public management reforms but no national level initiatives.

22 % of the world's largest countries had 2 or more reform movements.

Public Administration Reform

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• MalaysiaAsia• FranceEurope• LiberiaAfrica• MexicoLatin America

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Administrative Reforms Creation of a development administration Improvement of government's education

and training program Strengthening of professional competence

of the civil service Performance Appraisal Privatization Information Technology

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French President Nicolas Sarkozy 20

Reviewing of Public Policies

Leadership Role

Modernization The Existing Public Policies

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President Ellen Johnson Sirleaf 22

Reform in the executive authority Restructuring of the national security Participatory government Civil service reform Downsizing and rightsizing the civil service Judiciary reform Constitutional reform

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President Felipe Calderon24

Good governance Rule of law transparency accountability small and effective bureaucracy Peoples' participation Citizen’s Charter Streamline bureaucracy Regulatory reform

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Reforms in Neighboring Countries

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Reforms in India

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2nd Administrative Reforms Commission formed in 2005, recommended for- Strengthening of Financial Management

System Steps to ensure Effective Public

Administration at the State Level Local Self Govt. / Panchayati Citizen Centric Administration Promoting e-Governance Crisis Management and so on …

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Reforms in Sri Lanka

Primary Education reforms Extending educational opportunity Improving the quality of education Developing practical and technical skill Education and training of teachers Management and resource provision

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Administrative Reforms 1979 - 2010 Several Institutions were setup Administrative Reform Committee - 1996 Implementation of work norms of govt. staff Formulation of job description for all grade post Code of conduct of public servants Performance and Aptitude appraisal system Setup Human Resource Department in public sector

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Constitutional Reforms Sri Lanka constitution on 4th Feb, 1948 Eighteenth amendment was done up to 2010 1988- Extension of immunity of President; increase of

number of Members to 225; validity of referendum;

appointment of Delimitation Commission for the division

of electoral districts into zones & proportional

representation.

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Constitutional Reforms … 1988- Make provision for Sinhala and Tamil

to be Languages of Administration and Legislation. 1993- A committee was appointed for recommendation

of constitutional amendments. 2001- Established independent commissions to

administer Police, Judiciary, Public Service & Elections.

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Financial Reform 1977- Introduction of open economic policies Banking industry improved significantly for this

financial reform. Political interference, corruption, bureaucratic

rigidities, political and social ideologies, ethnic issues,

financial illiteracy and many other factors have

affected the reform process in Sri Lanka.

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Reforms in Nepal

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Reforms in NepalSTRUCTURAL REFORM FOR EFFECTIVE PUBLIC ADMINISTRATION IN NEPAL

By Zannatul Ferdous,MPPG,5th batch

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Reforms in Bangladesh

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Reforms in Bangladesh

What is Civil Service?Civil service:

Services constituted under law. It has a number of positions or structure and

recruitment rules. It refers civil servants into well defined

groups. An operational unit of key personnel, around

which an expanded organization can be built.He / She is employed by state in civil

capacity whose remuneration is paid and wholly and directly out of moneys by voted by parliament.

Structural reform of civil service

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What is Civil Service?

Features (UNDP): Merit based, neutral.Well structured, right sized and well paid.Accountable, professional and relatively corruption

free.Relatively autonomous, responsive and

representative.Well trained, performance oriented and relatively

open.

Structural reform of civil service

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Classification of Govt. Servants

Govt . Servants

Class I

40,000 Posts

Class II Class III Class IV

Gazetted Official

29 BCS Cadre Officials (70%)

Others (30%)

Number of Ministries and Divisions: 61Number of Directorates and Departments: 345

Sanctioned post: 1,061,089Existing posts : 1042,978Vacant post: 18,111 (as of 2005)

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In 1785, Civil service: Non-military staff. Civil service: Permanent post holders from temporary

posts holders in British regime. Instead used terms like ‘public servants’ or ‘government

servant’.

Evolution of Civil Service

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There is no definition of Civil Service in the Public Servant Recruitment Rules, rather public servant or government service is defined.

For example, who are included in public servants is given in the Public Service (Retirement) Act 1974.

The term civil servant is used in conversation only.

Evolution of Civil Service

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Name of the Commission/ Committee

Recommendations

Administrative Reorganization Committee, 1971

Unified civil service structure.Formation of a secretariat with 20 ministries and reestablishment of civil administration.

Administrative and Services Structure Reorganization Committee, 1972

A single classless grading structure covering all services into 10 grades. No reservation of any post for any cadre.Thana should be the basic unit of administration (At present district is the most important unit of field administration)

National Pay Commission, 1972

Recommended a national pay scale consisting of 10 grades. `Partially implemented and lasted for only 3 years.

Committees for reform

Name of the Committee/ Commission Recommendations

Pay and Services Commission, 1977

Creation of 28 services under 14 cadres.

Establishment of Senior Service Pool (SSP).

SSP system was abolished in 1989

Martial law Committee for Examining Organizational set up of Ministries/ Divisions/ Directories and other organizations, 1982

Reduction of size of the Govt.

Reduction of layers for decision making.

Delegation of administrative and financial power. Partially implemented, for example,Reduction of number of ministries from 36 to 19.

Reduction of subordinate offices from 243 to 181.

Committees for reform …

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Committee for Administrative Reform and Reorganization, 1982

Upgrading of thanas into upazilas .

Upazila Parishad -the focal point of local admin.


Special Committee to review the structure of Senior Services Pool, 1985

Continuation of SSP as a cadre.

Entry to SSP at DS level through examinations by PSC.

Promotion in SSP on merit based.

Fixed tenure for secretaries

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Council Committee on Senior Appointments and Services Structure, 1987

Abolition of the SSP.

Filling up positions of DS and JS by promotion on the basis of quota reservation for various cadres. SSP abolished on 1989.

Administrative Reorganization Committee, 1996

Reduction of ministries, departments and agencies.

Elimination of unnecessary units.

Separation of audit from accounts.

Establishment of secretariat for Supreme Court.

Reduction of size and role of the planning commission.


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Local Govt. Commission, 1997 Strengthening Local Govt. institutions

Public Administration Reform Commission, 2000

70 short –term and 37 long term recommendations


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Constitution (Article 133

President by his

authority

Parliament by formulation of

law

Rules and regulations for appointment and conditions of service

Methods for formulating recruitment rules

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Public Service Commission


(First)


(Second)

In 1972 by President’s Order

1977

Bangladesh Public Service Commission

A quasi judicial body Works on Article 137 – 141 of the Constitution

PSC Starts recruitment in BCS in 1982

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Recruitment was done by an executive order called Interim

Recruitment Rules 1972

Constitution came in operation in December 1972.

Recruitments were ad hoc and unsystematic.

In 1976 recruitment rules for appointment of superior position

were framed.

BCS Recruitment Rules, 1981

History of Govt. recruitments

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The rules for creation of BCS cadres was framed in 1980

Bangladesh Civil Service Recruitment Rules 1981Recruitment procedure, probation period and conditions

for confirmatio

n of services

Elaborate recruitment rules in 1982

Conditions like age and syllabi were changeable since 1983.

Educational qualification: Second class Bachelor Degree & First division in SSC or HSC

Age limit: 21-25 years. Upper age limit relaxed for tribal, doctors and freedom fighters

Criteria for eligibility: age and

qualification


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Age limit of judicial

cadre was raised from

30 to 37

Conditions like age and syllabi were changeable since

1983. In1990, Recruitment of BCS (Police): 400: Compulsory subjects 600: Academic attainments

After 1992 recruitments were made on the basis of four test.

Written : 800Viva voce : 200 Psychological and medical examinations.


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1982: 1600 1984: 9001990:10001992: 1000, with psychological and medical

exams.At present: 1100 including viva voce

Change in Exam marks


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Period Highest age Relaxation class Relaxing age

CSP/EPCS 25 Schedule caste/ Buddhist/ Tribal/ Govt. Employee

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BCS 72-91 27 Freedom fighters/ Tribe for doctors/ Judges/ General and technical education

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BCS 91- 30 Freedom fighters, their children and grand children

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Change in age service entry

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Absence of regular recruitment procedure caused problemsRecruitment BCS Adminstratin Cadre Officers for Upazila Magistrate during second Martial law regime.

1983: 6501986: 4401988: 550

The following Govt. withdrew Upazila system. Problem in promotion to next tier, especially the next batches.

History of Govt. Recruitments

Highlighted event: In 1990, BCS Secretariat and BCS Administration was merged.

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Tiers of Administrative system

Administrative

systemCentral level Field level

Ministries & Divisions

Agency Offices

Formulating policies, supervising departments

General Administration, delivary of public servics,

implementation of development program in divisional, district, thana

/upazila levels

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Minister

Secretary

Political head of the ministry.

In-charge of a ministry.

Administrative head of the division / ministry.

Adviser to minister in policy formulation.

Few ministries more than one divisions.

Addl. SecretaryIn absence of Secretary, she/he looks after the responsibilities of SecretaryHead of wing

Hierarchy of Central Administration

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Joint SecretaryHead of wing.

Can submit the cases directly to minister. In practice, Joint Secretary first consults Secretary.

Deputy Secretary Head of branch.

Senior Assistant/ Assistant Secretary Head of section, Initiates file.

Hierarchy of Central Administration

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Commissioner

Addl. Commissioner

Deputy Commissioner

Addl. Deputy Commissioner

UNO

Assistant Commissioner

Field Administration

Division

District

Upazila

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Change in number of ministriesYear Number of

MinistriesComment

1972 21

1975 26

1975 13 After proclamation of 4th Amendment

1977 33

1978 24

1980 30

1982 19 Following declaration of Martial Law

1991 33 After democratic rule and parliamentary system was restored

1995 35

2001 36

2007

Current 38

What is quota system?The common logic - eliminate discrimination against some section of the society.

Something reserved for some backward section of the country to uphold their representation in education, business and service or policy making process.

Quota system

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Year Merit FF Women Affected Women #

Tribal District Total

1972

20 30 0 10 0 40 100

1976

40 30 10 10 0 10 100

1985

45 30 10 0 5 10 100

1997

45 30 10 0 5 10 100

Change of quota over the years

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Types of quota For class I and Class II officers (%)

For class III and Class IV officers (%)

Merit 45 NoOrphan and retarded No 10Freedom fighters 30 30Women 10 15Tribal 5 5Ansar and VDP (Village Defence Force)

No 10

General/ District 10 30Total 100 100

Present Quota distribution

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Name of the post Quota reserved for Administration cadre

Other Cadres

Deputy Secretary 75% 25%

Joint Secretary 70% 30%

Addl. Secretary 70% 30%

Another example

A committee Superior selection Board (SSB)

headed by Cabinet Secretary

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Exceptions: Ministry of Foreign Affairs Ministry of Law, Justices and Parliamentary Affairs

Appointment: Applicable for posts of Deputy Secretary and above.

Clusters of ministries

General cluster Economic cluster Socio-Physical Infrastructure cluster

Recommendation by PARC

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Senior Management Pool (SMP)

A Senior Management Pool (SMP) for Secretariat. It consists of officers from DS to Secretary. Competitive examination at DS level by PSC for SMP.Officers in senior scale with at least 8 years tenure from all cadres can participate in the examination.



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Cadre officers will opt for clusters according to their preferences.Officers upto grade III and support personnel rotate within a cluster. 10% of the total posts can be filled up officers of ministries from other cluster.



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Secretary posts : upto 15% Deputy Secretary postsand above : upto 10%

Senior Management Pool (SMP)-Lateral entry

Competitors: 1. Officers from two steps below the posts2. Qualified people from private sector


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The competent incumbents in absence of vacancies will get selection grade /time-scale.

Three Public Service Commissions instead of the existing one.

General Services Technical Services Education Service

# Local Govt. Service Commission- Local Govt. bodies


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Four divisions would be merged. PM Office- PM’s Secretariat,

Armed Forces DivisionPrimary and Mass Education Division

Nos. of ministries would be fixed 25.


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Departments to be abolished:1. Bangladesh Bureau of Education Information and Statistics (BANBEIS)2. Supply and Inspection Directorate 3. Directorate of Textiles 4. Directorate of Dhaka Mosquito Control 5. Department of Agriculture Marketing and Grading 6. Directorate of Complaints


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Creation of two new organizations: 1. Supreme Court Secretariat

2. Office of the Ombudsman.

Change in manpower structure in 50 offices.Creation of new posts : 1759 of class I

2309 class IIReduction of posts : 13176 of class III

16798. of class IV.

Result: Reduction of 25906 posts and save crore taka

Reorganization of Planning CommissionStrengthening of planning cells of the ministries.


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Pre-colonial period: Self-governing Panchayet system existed. The scripture Rig Veda refer the existence of such system.

Colonial period

Bengal Village Chowkidar Act in 1870 with Panchayet system.Collected levy and chowkidari tax. Tenure: Four years

The Bengal Municipal Act, 1884 for urban local government of Bengal, Orissa and Assam.

Local Government

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The Bengal Self-Government Act, 1885

Colonial period

The District Board

The Local Board (for sub-division)

The Union Board

Members elected by a restricted electorate Abolished in 1936

Members elected by a restricted electorate Had control over local police.

Performed three types of functions

Principal Unit of Local Government.

Had the real authority.

Local Government

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Regulatory functions

Development functions

Three functions of Union Board

Local Government

Normal municipal functions

Sanitation, water supply, maintenance of roads and drains

Regulatory functions

Control over the construction of

buildings

Development functions

Promotion of cottage industries, and establishment of primary schools

or libraries

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Pakistan period

Union Council

Thana Council

Union Council

Thana Council

District Council Divisional Council

Comilla Experiment on Rural DevelopmentBasic Democracies Order, 1959

Local-Self Government Act 1885 was abolished before.

Local Government

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Head: MayorMember: Councilor

Bangladesh periodLocal Govt.

Zila Parishad (District)- 61

Upazila Parishad (Sub-district)-488

Union Parishad- 4550

3 Hill Districts Parishads

Urban Councils

City Corporation-11 Pouroshava-311

Dhaka-2, Chittagong, Rajshahi, Khulna, Barisal, Sylhet, Gazipur, Naraynaganj, Rangpur, Comilla76

Bangladesh periodUnion Parishad Union Panchayat Union Parishad1972 1973

Paurashava Paurashava Act, 1973Amended couple of times

UP is the smallest local government unit. Consists of 9 wards.A Chairman, 9 general members and 3 women members.4527 Union Parishads at presentLast election in 2011

Local Government

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Upazila Parishad (UZP)

Committee for Administrative Reform, and Reorganization (CARR)NATIONAL IMPLEMENTATION COMMITTEE FOR ADMINISTRATIVE REFORM/REORGANIZATION- NICARR played role

1991- Upazila system abolished.

Re-enacted by Upazila Parishad Act 1998Each thana area was declared a Upazila

Latest : Upazila Parishad Act of 2009MP is adviserUNO is the Secretary of the Upazila Parishad

The Local Government (Thana Parishad and Thana Administration Reorganization) Ordinance, 1982 introduced Upazila system Amended on 1983Upazila Magistrate were appointed.

Local Government

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Zila (district) Parishads: The largest rural authorities61 Zila Parishads (3 Hill Districts Parishads )Chairmen are appointed by Govt.Composition: 1 chairman + 15 General members+ 5 reserved women.

Legal basis: Local Government (Zila Parishad) Act, 1988

Local Government

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Recommendations by PARC

1. Functions, personnel and budget of 7 departments may be transferred to Zila Parishads (ZP) 2. Those of 9 departments to Upazila Parishad (UZP). 3. The official will be deputed in the Parishads. 4. A DC/ADC level Officer to Zila Parishad as Chief Officer5. Coordination of Govt. actvities by ZP and UZP in their respective jurisdictions.6. Chairmen be the principal-coordinators in the Parishads.

Local Government


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Abolition: Division level officesCentral offices of LGED and PHED (and

transferred to ZP and UZP)

Local Govt. Service Commission for Local Govt. bodies

MP’s participation in the planning in Upazila development activities.

Introduction of Zila Planning Unit.

Zila Planning Unit bridge between national and local planning


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Structural reforms for effective public administration