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| to | | | Government appoint NREGA Ombudsmen soon
EARLY TIMES REPORT
Jammu, Jan 4 : Finally after four years of long wait the Jammu & Kashmir Government is soon going to appoint Ombudsmen at various places in the state for hearing complaints regarding Mahatma Gandhi National Rural Employment Guarantee Scheme (NREGS). Early Times had carried a series of stories on this issue and very recently on December 26th this paper had carried an exclusive story on absence of NREGA Lok Pal (Ombudsman) affecting the implementation of this centrally sponsored scheme. The Rural Development Department has issued advertisement on 30thDecember regarding appointment of Ombudsmen at various places but again this is not being done in accordance with the norms set by the Government of India . The State Government is planning to appoint one NREGA Ombudsman for three to four districts while as Ministry of Rural Development Government of India makes it clear through its notification that one Ombudsman (Lok Pal) has to be appointed in each district.
Background :
While the announcement of the National Rural Employment Guarantees Scheme (NREGS) was made after the enactment of Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in 2005, the idea of having ombudsmen to oversee the rollout of the scheme to prevent corruption was also mooted after few years of enactment of this law in 2009 to oversee the implementation of this flagship program at the district level. NREGS has been extended to J&K as well almost 7 years back but till date, we do not find even a single Ombudsman appointed by the state in any of the districts. The ombudsmen were supposed to act as Lok Pal for NREGS at district level. As the complaints regarding misuse of MGNREGA funds are piling up in our state, there is an urgent need to appoint the Ombudsmen in all the districts.
Order to appoint Ombudsmen:
As per the notification passed by the Ministry of Rural Development under Order No: J-111011/21/2008 - NREGA Dated: September 7 2009, all the state governments were supposed to set up the office of the Ombudsman in all the districts within three months of the issuance of the order. Till date J&K has not at all abided by the order. The state government, in particular the Department of Rural Development, is already under fire from various quarters for their failure in not curbing the corruption and the non appointment of Ombudsmen in J&K had raised a big question mark on the credibility of the present government awarded last year in New Delhi for its efforts towards reducing poverty.
The Ombudsman shall have the powers to receive complaints related to MGNREGA, consider such complaints and facilitate their disposal. In certain cases, the Ombudsman can issue direction for conducting spot investigation and to lodge FIRs against the erring parties. He can initiate proceedings suo motu in the event of any circumstance arising within his jurisdiction that may cause any grievance and engage experts for facilitating the disposal of the complaint, direct redressal, disciplinary and punitive actions. The Ombudsman will report his findings to the Chief Secretary and the Secretary, State Nodal Department for appropriate legal action against erring persons.
As the complaints regarding the misuse of MGNREGA funds are piling up in our state, there is an urgent need to appoint the Ombudsmen in all the districts of J&K. Right now, if people have any complaint regarding MGNREGA, they file the complaint with Block Development Officer, Assistant Commissioner Development, Deputy Commissioner or Director Rural Development but people allege that no justice is delivered from these offices and setting up the Ombudsmen offices is need of the hour.
Salient features of Ombudsman System
Appointment of Ombudsman :
This is to be done by State Governments on recommendation of Selection
Committee comprising Chief Secretary of the State (Chairperson), Representative of Union Ministry of Rural Development, eminent
Civil Society Person nominated by Union Ministry of Rural Development and Secretary of Department dealing with MGNREGA.
Qualification:
Persons of eminent standing and impeccable integrity up to 65 years of age with at least twenty years experience in public administration, law, academics, social work or management will be eligible.
Tenure-
Two years extendable by one year on satisfactory performance or up to 65 years of age, whichever is earlier. No reappointment.
Autonomy-
He will be independent of State and Central Government
Location of Office
At District Headquarters. There will be not more than three Ombudsman in every District. Technical and administrative support will be provided by the District Rural Development Agency (DRDA) or any other body specified by the State Government
Powers of Ombudsman:
Receive complaints from MGNREGA workers and others on specified matters, consider such complaints and facilitate their disposal in accordance with law.
Require the MGNREGA Authority complained against to provide any information or furnish certified copies of any document relating to the complaint
Issue direction for conducting spot investigation, lodge FIRs against the erring parties, initiate proceedingssuo motu
Direct redressal, disciplinary and punitive actions.
Report his findings to the Chief Secretary of the State and the Secretary, State Nodal Department forappropriate legal action against erring persons.
Duties of Ombudsman :
a. He will be responsible for the conduct of business in his office
b. He will send monthly and annual report, list of awards passed to
Chief Secretary (CS) and Secretary in charge of MGNREGA. In his reports he will highlight action to be taken against erring MGNREGA functionaries
c. He will publish the awards on website.
d. Summary report of cases disposed by Ombudsman will be reported to the State Employment Guarantee Council by the State Secretary dealing with MGNREGA in the meetings and will also form part of the Annual Report which will be placed in the Legislative Assembly.
Disposal of Complaints On receipt of complaint, he will issue notice to MGNREGA Authority for appearance and making
submissions. Where facts are admitted case will be disposed by passing appropriate direction and if not admitted, Ombudsman will pass an award
b. Costs may be imposed in case of false, malicious and vexatious complaints
e. In cases of corruption, he will forward the matter to take up criminal prosecution.
Appeal - There shall be no appeal against the award of Ombudsman and the same shall be final. |
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