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Fails to appoint Ombudsmen
JK Govt violates NREGA
12/31/2012 11:07:31 PM
Early Times Report
Jammu, Dec 31: The state government has recorded yet another failure. This time it has failed to appoint Ombudsmen to ensure proper implementation of various schemes under NREGA. The Ministry of Rural Development under Order No: J-111011/21/2008 - NREGA Dated September 7, 2009 urging all the state Governments to set up the office of the Ombudsman in all the districts within three months of the issuance of the order but till date JK Government has not made the appointment.
The state Government in particular the Department of Rural Development is already under fire from various quarters for their failure in curbing corruption especially under NREGA in various districts. The failure to appoint Ombudsmen has put a question mark on the credibility of the Government which recently bagged an award for its efforts towards poverty alleviation.
According to the guidelines laid down by the Government of India, the selection of Ombudsman shall be made from among persons of eminent standing and impeccable integrity with at least twenty years of experience in public administration, law, academics, social work or management. No person who is a member of a political party shall be considered for appointment as Ombudsman. The persons selected as Ombudsman must be physically active and capable of conducting field tours, inspections and visits to remote rural locations in the districts.
The guidelines further say that the Ombudsman shall be appointed for a tenure of 2 years extendable by one year based on performance appraisal or till the incumbent attains the age of 65 years, whichever is earlier. There shall be no reappointment. Performance appraisal shall be made by the Selection Committee. A copy of the performance appraisal report shall be furnished to the State Employment Guarantee Council which also is yet to be established in the J&K State. On unsatisfactory performance, the Ombudsman may be removed by the State Government on the recommendation of the Selection Committee.
The Chief Secretary of the State Government will be the chairperson of the committee and representative of Union Ministry of Rural Development and eminent Civil Society person nominated by Union Ministry of Rural Development as members. The State Administrative Secretary of Rural Development, State Nodal will be the Member/ Convenor of the selection committee. The State Government may appoint one or more persons, but not more than three persons, as the Ombudsman in a District.
The Ombudsman shall have the powers to receive complaints from NREGA workers and others on any matter related to implementation of NREGA. The Ombudsman will consider such complaints and facilitate their disposal in accordance with law. Require the NREGA Authority complained against to provide any information or furnish certified copies of any document relating to the subject matter of the complaint which is or is alleged to be in his possession; provided that in the event of failure of such authority to comply with the requisition without any sufficient cause, the Ombudsman may, if he deems fit, draw the inference that the information, if provided or copies if furnished, would be unfavourable to the concerned NREGA Authority. He can Issue direction for conducting on spot investigation and to lodge FIRs against the erring parties. He can initiate proceedings suo moto in the event of any circumstance arising within his jurisdiction that may cause any grievance . Engage experts for facilitating the disposal of the complaint.
The Ombudsman will report his findings to the Chief Secretary of the State and the Secretary, State Nodal Department for appropriate legal action against erring persons.
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