Local Government Act of Bhutan 2009
Encyclopedia
The Local Government Act of Bhutan (Dzongkha: འབྲུག་གི་ས་གནས་གཞུངས་སྤྱི་མོ་ཅན་མ་; Wylie
: 'brug-gi sa-gans-gzhungs can-ma) was enacted on September 11, 2009, by parliament
of Bhutan
in order to further implement its program of decentralization and devolution of power and authority.Local Gov't Act 2008: Preamble It is the most recent reform of the law on Bhutan's administrative divisions: Dzongkhag
s, Dungkhag
s, Gewog
s, Chiwogs, and Thromde
s (municipalities).
.Local Gov't Act 2008: §§ 206–208, 263, 294 The Act tasks all local governments with a variety of objectives, including promoting Gross National Happiness
; providing democratic and accountable government; preserving culture and tradition; promoting development; protecting public health; and discharging any other duties specifically created by other law.Local Gov't Act 2008: § 48 Local governments are generally headed by a chairperson and a deputy chairperson who lead, represent, and manage their respective bureaucracies, each answering to the body above it and to parliament of Bhutan
.Local Gov't Act 2008: §§ 66–85 All local governments are administrative divisions and are prohibited to make laws, however they are empowered to make rules and regulations consistent with law as established by parliament
.Local Gov't Act 2008: §§ 3–6 Members of all local governments must be between ages 25 and 65, and sit for five-year terms, or until the local government is dissolved.Local Gov't Act 2008: §§ 20–21
. The Dzongkhag Tshogdu is composed of the Gup and Mangmi (elected leaders) from each Gewog, one representative from that Dzongkhag Thromde, and one representative from the Dzongkhag Yenlag Thromde
s.Local Gov't Act 2008: §§ 7–8 Dzongkhag Tshogdus are tasked with balancing socio-economic development; promoting business; protecting consumers; coordinating government agency activities; reviewing Gewog regulations and ordinances; and representing the Dzongkhags in national referenda. The Dzongkhag Tshogdus are empowered to enforce rules on health and public safety; to regulate environmental pollution, advertising in regard to environmental aesthetics; to regulate broadcast media in accordance with the Information, Communications, and Media Act; and to regulate gambling. Dzongkhag Tshogdus also bear the responsibility for their own finances.Local Gov't Act 2008: §§ 49–52, 216–229 The Dzongkhag Tshogdus also oversee Dzongdags (governors), royal appointees who are the executive of each Dzongkhag. Dzongdags, in turn, are responsible for maintaining law and order, and for enforcing the driglam namzha
laws.Local Gov't Act 2008: §§ 250–264
level is the Gewog Tshogde, composed of the Gup and Mangmi, plus five to eight more elected Tshogpas (councilmen).Local Gov't Act 2008: §§ 9–10 Gewog Tshogdes are, like Dzongkhag Tshogdus, responsible for enforcing rules on public health and safety and tasked with encouraging economic development. Gewog Tshogdes further regulate drinking and irrigation waters, mines, recreational areas, construction, land use, and agricultural activities in relation to the Forest and Nature Conservation Act. Gewog governments formulate five-year development plans, run their own budgets, and raise their own labor for public projects. These budgetary and developmental functions are subject to the approval and review of the Ministry of Finance. Gewog Tshogdes are empowered to levy taxes on land, buildings, cattle, grazing, entertainment, advertisement (other than in newspapers, print, radio, and internet), and anything else designated by parliament
.Local Gov't Act 2008: §§ 53–60, 216–229
Tshogdu, Gewog
Tshogde, terms of local offices, and qualifications for office. Subordinate municipal divisions, however, are completely re-written.
Under the Act of 2009, a senior decision making body is established for some Thromde
s (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.Local Gov't Act 2008: §§ 11–18, 85
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.Local Gov't Act 2008: §§ 61–65
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.Local Gov't Act 2008: §§ 86–140 It also mandates transparency and accountability through open sessions, public disclosure of information, and public participation.Local Gov't Act 2008: §§ 141–150 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.Local Gov't Act 2008: §§ 230–249, 265–277
In the Act of 2009, there is no reference whatever to Dungkhag
s and Chiwogs, sub-dzongkhags and sub-gewogs respectively, recognized up through the previous Act of 2007. Because the Act of 2009 repeals all previous legislation on local governments whether or not it conflicts, the legal status of Chiwogs is reduced to electoral districts, and Dungkhags are retained as judicial districts (Dungkhag Court
s) as described in the Constitution of 2008
.Local Gov't Act 2008: § 2
Until 1956, Bhutan had nine provinces headed by the penlop
s: 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
. In 1992, Gasa dzongkhag
was re-established and carved out from Punakha
; the same year, Trashi Yangtse dzongkhag was carved out from Trashigang.
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.
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 Chiwogs for Gewog administration. Aside from these legal subdivisions, the law of the Act of 2007 was largely retained, frequently verbatim, by the Act of 2009.
Wylie transliteration
The Wylie transliteration scheme is a method for transliterating Tibetan script using only the letters available on a typical English language typewriter. It bears the name of Turrell V. Wylie, who described the scheme in an article, A Standard System of Tibetan Transcription, published in 1959...
: 'brug-gi sa-gans-gzhungs can-ma) was enacted on September 11, 2009, by parliament
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
of Bhutan
Bhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
in order to further implement its program of decentralization and devolution of power and authority.Local Gov't Act 2008: Preamble It is the most recent reform of the law on Bhutan's administrative divisions: Dzongkhag
Dzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
s, Dungkhag
Dungkhag
A dungkhag is a sub-district of a dzongkhag of Bhutan. The head of a dungkhag is a Dungpa...
s, Gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
s, Chiwogs, and Thromde
Thromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
s (municipalities).
Provisions of the Act
The Local Government Act of 2009 establishes local governments in each of the twenty Dzongkhags, each overseen ultimately by the Ministry of Home and Cultural AffairsMinistry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
.Local Gov't Act 2008: §§ 206–208, 263, 294 The Act tasks all local governments with a variety of objectives, including promoting Gross National Happiness
Gross national happiness
The assessment of gross national happiness was designed in an attempt to define an indicator that measures quality of life or social progress in more holistic and psychological terms than only the economic indicator of gross domestic product .-Origins and meaning:The term...
; providing democratic and accountable government; preserving culture and tradition; promoting development; protecting public health; and discharging any other duties specifically created by other law.Local Gov't Act 2008: § 48 Local governments are generally headed by a chairperson and a deputy chairperson who lead, represent, and manage their respective bureaucracies, each answering to the body above it and to parliament of Bhutan
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
.Local Gov't Act 2008: §§ 66–85 All local governments are administrative divisions and are prohibited to make laws, however they are empowered to make rules and regulations consistent with law as established by parliament
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
.Local Gov't Act 2008: §§ 3–6 Members of all local governments must be between ages 25 and 65, and sit for five-year terms, or until the local government is dissolved.Local Gov't Act 2008: §§ 20–21
Dzongkhag governments
The Act establishes Dzongkhag Tshogdu (District Council) as the highest decision making body in the DzongkhagDzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
. The Dzongkhag Tshogdu is composed of the Gup and Mangmi (elected leaders) from each Gewog, one representative from that Dzongkhag Thromde, and one representative from the Dzongkhag Yenlag Thromde
Thromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
s.Local Gov't Act 2008: §§ 7–8 Dzongkhag Tshogdus are tasked with balancing socio-economic development; promoting business; protecting consumers; coordinating government agency activities; reviewing Gewog regulations and ordinances; and representing the Dzongkhags in national referenda. The Dzongkhag Tshogdus are empowered to enforce rules on health and public safety; to regulate environmental pollution, advertising in regard to environmental aesthetics; to regulate broadcast media in accordance with the Information, Communications, and Media Act; and to regulate gambling. Dzongkhag Tshogdus also bear the responsibility for their own finances.Local Gov't Act 2008: §§ 49–52, 216–229 The Dzongkhag Tshogdus also oversee Dzongdags (governors), royal appointees who are the executive of each Dzongkhag. Dzongdags, in turn, are responsible for maintaining law and order, and for enforcing the driglam namzha
Driglam namzha
The Driglam Namzha is the official behaviour and dress code of the Kingdom of Bhutan. It governs how citizens should dress in public and how they should behave in formal settings. It also regulates a number of cultural assets such as art and architecture...
laws.Local Gov't Act 2008: §§ 250–264
Gewog governments
The analogous body at the GewogGewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
level is the Gewog Tshogde, composed of the Gup and Mangmi, plus five to eight more elected Tshogpas (councilmen).Local Gov't Act 2008: §§ 9–10 Gewog Tshogdes are, like Dzongkhag Tshogdus, responsible for enforcing rules on public health and safety and tasked with encouraging economic development. Gewog Tshogdes further regulate drinking and irrigation waters, mines, recreational areas, construction, land use, and agricultural activities in relation to the Forest and Nature Conservation Act. Gewog governments formulate five-year development plans, run their own budgets, and raise their own labor for public projects. These budgetary and developmental functions are subject to the approval and review of the Ministry of Finance. Gewog Tshogdes are empowered to levy taxes on land, buildings, cattle, grazing, entertainment, advertisement (other than in newspapers, print, radio, and internet), and anything else designated by parliament
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
.Local Gov't Act 2008: §§ 53–60, 216–229
Municipal governments
The Act of 2009 presents no substantive change from previous law regarding the DzongkhagDzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
Tshogdu, Gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
Tshogde, terms of local offices, and qualifications for office. Subordinate municipal divisions, however, are completely re-written.
Under the Act of 2009, a senior decision making body is established for some Thromde
Thromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
s (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
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
decides the boundaries of Thromde in consultation with the National Land Commission Secretariat and local authorities.Local Gov't Act 2008: §§ 11–18, 85
Thromde
Thromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
Tshogdes are empowered to regulate advertising, enforce public health and safety rules, and to levy taxes on land, property, property transfer (sales tax
Sales tax
A sales tax is a tax, usually paid by the consumer at the point of purchase, itemized separately from the base price, for certain goods and services. The tax amount is usually calculated by applying a percentage rate to the taxable price of a sale....
) 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.Local Gov't Act 2008: §§ 61–65
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.Local Gov't Act 2008: §§ 36–47The 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.Local Gov't Act 2008: §§ 86–140 It also mandates transparency and accountability through open sessions, public disclosure of information, and public participation.Local Gov't Act 2008: §§ 141–150 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.Local Gov't Act 2008: §§ 230–249, 265–277
In the Act of 2009, there is no reference whatever to Dungkhag
Dungkhag
A dungkhag is a sub-district of a dzongkhag of Bhutan. The head of a dungkhag is a Dungpa...
s and Chiwogs, sub-dzongkhags and sub-gewogs respectively, recognized up through the previous Act of 2007. Because the Act of 2009 repeals all previous legislation on local governments whether or not it conflicts, the legal status of Chiwogs is reduced to electoral districts, and Dungkhags are retained as judicial districts (Dungkhag Court
Dungkhag Court
The Dungkhag Court is the court of first instance of the Royal Court of Justice in 6 of the 20 Dzongkhags of Bhutan which have Dungkhag administrative divisions; in the remaining 14 Dzongkhags, the Dzongkhag Court is the court of first instance. There are a total of 13 Dungkhags in the 6...
s) as described in the Constitution of 2008
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
.Local Gov't Act 2008: § 2
Historical acts and local governments
The Local Government Act of 2009 was preceded by the Local Government Act of 2007, the Thromde Act of 2007,Local Gov't Act 2008: § 2 the Dzongkhag Yargay Tshogdu Chathrim of 2002, Gewog Yargay Tshogchung Chathrim of 2002, the Bhutan Municipal Act 1999, and other legislation. All previous acts were repealed by the enactment of the Local Government Act of 2009.Local Gov't Act 2008: § 2Until 1956, Bhutan had nine provinces headed by the penlop
Penlop
Penlop is a Dzongkha term roughly translated as governor. Bhutanese penlops, prior to unification, controlled certain districts of the country, but now hold no administrative office...
s: 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
Gasa District
Gasa District or Gasa Dzongkhag is one of the 20 dzongkhags comprising Bhutan. Its capital is Gasa Dzong near Gasa. It is located in the far north of the county and spans the Middle and High Himalayas. The dominant language of the district is Dzongkha, the national language...
was divided between Punakha
Punakha District
Punakha District is one of the 20 dzongkhags comprising Bhutan. It is bordered by Thimphu, Gasa, and Wangdue Phodrang Districts...
and Thimphu
Thimphu District
Thimphu District is a dzongkhag of Bhutan. Thimphu is also the capital of Bhutan and the largest city in the whole kingdom.-Languages:...
; Chhukha dzongkhag was formed by merging the parts of Samtse
Samtse District
Samtse District is one of the 20 dzongkhags comprising Bhutan.-History and culture:...
, Paro
Paro District
Paro District is the name of a district , valley, river and town in Bhutan. It is one of the most historic valleys in Bhutan. Both trade goods and invading Tibetans came over the pass at the head of the valley, giving Paro the closest cultural connection with Tibet of any Bhutanese district...
, and Thimphu
Thimphu District
Thimphu District is a dzongkhag of Bhutan. Thimphu is also the capital of Bhutan and the largest city in the whole kingdom.-Languages:...
. In 1992, Gasa dzongkhag
Gasa District
Gasa District or Gasa Dzongkhag is one of the 20 dzongkhags comprising Bhutan. Its capital is Gasa Dzong near Gasa. It is located in the far north of the county and spans the Middle and High Himalayas. The dominant language of the district is Dzongkha, the national language...
was re-established and carved out from Punakha
Punakha District
Punakha District is one of the 20 dzongkhags comprising Bhutan. It is bordered by Thimphu, Gasa, and Wangdue Phodrang Districts...
; the same year, Trashi Yangtse dzongkhag was carved out from Trashigang.
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.
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 Chiwogs for Gewog administration. Aside from these legal subdivisions, the law of the Act of 2007 was largely retained, frequently verbatim, by the Act of 2009.
See also
- DzongkhagDzongkhagA dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
- DungkhagDungkhagA dungkhag is a sub-district of a dzongkhag of Bhutan. The head of a dungkhag is a Dungpa...
- GewogGewogA gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
- Chiwog
- Bhutanese legislationBhutanese legislationBhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
- Law of BhutanLaw of BhutanThe law of Bhutan derives mainly from legislation and treaties. Prior to the enactment of the Constitution, laws were enacted by fiat of the King of Bhutan. The law of Bhutan originates in the semi-theocratic Tsa Yig legal code, and was heavily influenced through the twentieth century by English...
- Elections in BhutanElections in BhutanElections in Bhutan are conducted at national and local levels. Suffrage is universal for citizens 18 and over, and under applicable election laws...
- Bhutanese local government elections, 2011Bhutanese local government elections, 2011The Bhutanese local government elections of 2011 were originally slated for 2008, but were delayed until 2011. Elections began on January 20, 2011, however polls opened in only 3 of 20 districts – Thimphu, Chukha District , and Samdrup Jongkhar – as part of a staggered election schedule. Polls...
- Bhutanese local government elections, 2011
- Bhutanese democracyBhutanese democracyBhutan has transitioned from an absolute monarchy to a multi-party democracy. The development of Bhutanese democracy has been marked by the active encouragement and participation of reigning Bhutanese monarchs since the 1950s, beginning with legal reforms such as the abolition of slavery, and...