[23rd
March 2022] In exercise of the powers
conferred by sub-section (1) and (2) of section 32 of the Mahatma Gandhi
National Rural Employment Guarantee Act, 2005 (42 of 2005) and in supersession
of previous notification dated 28th June, 2013 issued in this behalf and
according to the Order No.J11060/54/2020-RE-III (373836)-NREGA dated 21st
January, 2021 of the Government of India, Ministry of Rural Development issued
under sub-section (1) of section 27 of the said Act, the State Government,
hereby, makes the following rules, the same having been previously published in
the Madhya Pradesh Gazette (Extra-ordinary) dated 15th December, 2021 as
required under sub-section (1) of section 32 of the said Act, namely: - CHAPTER 1 PRELIMINARY (1)
These rules may be called the Mahatma Gandhi
National Rural Employment Guarantee (Appointment, Powers and Duties of the
Ombudsman) Madhya Pradesh Rules, 2021. (2)
They shall come into force from the date of
their publication in the Madhya Pradesh Gazette. (a)
"Act means the Mahatma Gandhi National
Rural Employment Guarantee Act, 2005; (b)
"award" means an award passed by
the Ombudsman appointed under these rules; (c)
"competent representative" means
such a person who is duly authorized by the complainant and who is his
representative for proceedings before the Ombudsman; (d)
"grievance" means an oral or
written grievance under rule 12 which includes claims of any person due to
result of maladministration of Scheme worker or authority, fatal injustice or
casual griefs; (e)
"Office bearer" means a panch,
sarpanch or up- sarpanch of any Gram Panchayat under the Madhya Pradesh
Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (No. 1 of 1994); (f)
"Ombudsman" means a person acting
as Ombudsman; (g)
"Scheme worker or authority" means
a person or person entrusted with powers and duties under the Scheme; (h)
"State Government" means the State
of Madhya Pradesh. CHAPTER 2 OMBUDSMAN OF THE SCHEME (1)
State Government shall appoint MGNREGA
Ombudsman for each District (The districts having expenditure less than average
expenditure of state in last 2 years may he clubbed together to have a common
Ombudsman). Smaller Districts having low expenditure under MGNREGS shall be
clubbed together. Selection Committee for
Ombudsman shall have following members :- * Additional Chief Secretary
of the State Government nominated by Chief Secretary of the State for the
purpose - Chairperson; * Representative of Union
Ministry of Rural Development - Member; * Eminent Civil Society
Person nominated by Union Ministry of Rural Development - Member; * Principal
Secretary/Secretary of Department of Panchayat and Rural Development - Member
Convener. (2)
State Government shall appoint MGNREGA
Ombudsman after the recommendation of Selection Committee. Selection committee
shall also have the power of terminating the Ombudsman in case of
dissatisfactory performance after giving opportunity of being heard. (3)
Selection of suitable persons for Ombudsman
shall be based on consideration of eminent Standing and impeccable integrity
with at least ten years of experience in public administration, law, academics,
social work or management as per documents furnished along with the
application. Experience in working with people or community organization shall
be given preference/waitage. No person who is a member of recognised political
party or a banned organisation shall be considered for appointment as
Ombudsman. Each person shall be required to file a declaration to this effect
along with the application. The person selected as Ombudsman must be physically
active and capable of conducting field tours, inspections and visits to remote
rural locations in the districts. (4)
Applicant must have at least ten years of
experience in respective field. It shall be reflected on their documents
furnished along with the application. Experience in working with people or
community organization is an obligation. (5)
In the selection of Ombudsman, preference
shall be given to a person resident of the same or neighboring District. (6)
Application shall be invited through open
advertisement. Application for the post shall be invited on proforma prescribed
by the State Government. Based on the received applications the Selection
Committee shall prepare a district-wise panel of suitable persons for
consideration for appointment as Ombudsman and rank them in order of
preference. No written test or examination shall be conducted while an
interview and an internal marking system should be evolved by the Selection
Committee to the rank persons in order of preference. Prior to appointment, the
panel prepared by the Selection Committee shall be published on the official
website of the State and the official website of the nodal department to invite
comments from the public. On expiry of 30 (thirty) days of publication, the
comments received may be examined by the Selection Committee. All comments and
objections may be settled within 30 (thirty) days of the date of expiry of the
period for inviting comments. Anonymous and pseudonymous comments and
objections shall not be considered unless they contain allegations that can be
easily verified from the official records without further inquiry. (7)
Approved district wise panel of eligible
persons shall be valid for 2 (two) years, extendable not more than twice by one
year each. In case there is any vacancy due to resignation, removal, death
etc.; the person next in the approved panel shall be offered the appointment as
Ombudsman without calling for a fresh meeting of the Selection Committee. The
Ombudsman shall be appointed for tenure of 2 (two) years extendable not more
than twice by one year each based on a performance appraisal process or till
the incumbent attains the age of 68 (sixty eight) years, whichever is earlier.
There shall be no reappointment. (8)
The persons selected from the panel for
appointment against a vacancy shall be issued a letter appointing them
Ombudsman for the district specified and shall mention the term and conditions
of such appointment. (9)
State Government shall organize orientation
training for the benefit of the Ombudsmen to acquaint them with the rights and
entitlements enshrined in the MGNREG Act and the Operational Guidelines as well
as related procedures. Such an orientation must be held within a month from
their date of appointment. (10)
The Ombudsman may be terminated by the State
Government on the recommendation of the Selection Committee. The Selection
Committee shall record the reasons for its recommendation. Such recommendation
shall be made to the Chief Secretary of the State Government who shall pass
appropriate orders thereon An Ombudsman, may by serving one month notice of
his/her intention, relinquish the work of Ombudsman. (11)
Written and signed complaint against
ombudsman may be made to the Chief Secretary of the State Government and
Principal Secretary of Rural Development by any aggrieved party, including
MGNREGA authorities or MGNREGA beneficiaries, duly supported by facts and
documentary evidence. Anonymous, pseudonymous and frivolous complaints should
not be entertained unless prima facie they contain allegation that can be
verified from official documentary record without further inquiry. (1)
Subject to any notification by the State
Government, the Ombudsman shall be allowed remuneration, in the form of a fee
of Rs. 2,250/- (two thousand two hundred and fifty rupees) per day with maximum
upper limit of Rs.45,000/- (forty five thousand rupees) per month. (2)
"Sitting" means per day
functioning, irrespective of number of cases handled and its duration in terms
of working hours. A sitting could be for a part, of a day also. All sittings
should be properly documented and should be justified by the work discharged.
The frequency of sitting by ombudsman shall be need based and cannot be fixed.
The place of sitting may be decided by the Ombudsman taking into consideration
the convenience of MGNREGAS workers concerned. (3)
State Government may pay an additional amount
to Ombudsman over and above the sitting fee prescribed by the Ministry from its
own financial resources, either with regard to the sitting fee or the maximum
upper limit. (4)
Sitting fee and allowances shall be paid
timely-by the State Government. Wherever Ombudsman wants A-visit any part of
the district for the purpose of conducting field enquiry, the DPC shall provide
suitable transport facility. (1)
In case an Ombudsman is not available for any
reason in a district, including simple leave of absence, an Ombudsman of an
adjoining district may be given all or any of the work of the district as may
be specified. (2)
In ease of termination or relinquishment,
Ombudsman of the adjoining district may be given charge of the district till
new appointment is made which shall be not later than three months from the
date of vacancy. (1)
The office of the Ombudsman of the Scheme
shall be located in the office of Chief Executive Officer Zila Panchayat. (2)
Technical and administrative support will be
provided by the DRDA or any other body specified the State Government in this
behalf. All necessary support to enable the Ombudsman to carry out the assigned
functions, including support stall, office equipments, complaint box, and
telephone helpline etc. shall be provided to the. (1)
TA/DA at rates admissible to class-I officers
of the State Government shall be allowed. In case no such uniform rates are
available, the State Government may fix rates for the purpose. State Government
shall provide a vehicle from its local pool to an Ombudsman for official
purpose as per need. However, no new vehicle shall be purchased for the use of
Ombudsman from MGNREGA fund. In case of travel by Ombudsman in his/her own or
hired vehicle for official purpose, district concerned may reimburse the cost
of travel, at the rates fixed by the State Government. (2)
Office expenditure, sitting fee and TA/DA
etc. incurred on the office of Ombudsman shall be borne by States from 6%
administrative expenditure permitted under section 22 (1) (C) of the MGNREGA. CHAPTER 3 Chapter III (1)
The Ombudsman of the Scheme shall have the
following powers, namely :- (a)
to receive grievances from Scheme workers and
other person on any one or more issues specified in rule 7; (b)
to consider the grievances and facilitate
their disposal in accordance with these rules. (c)
summoning and enforcing the attendance of any
person the from any part of the State and examining him on oath; (d)
requiring the discovery and production of any
document; (e)
receiving evidence on affidavits; (f)
receiving any public record or copy thereof
from any office; (g)
issuing commission for examination of
witnesses and documents. (2)
The Ombudsman may require the Scheme
authority to provide any information and to furnish certified copies of any
document relating to the subject matter of the grievance 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 of the Scheme may, if he deems fit, draw the
inference that the information, if provided, or copies, if furnished, would be
unfavorable to the concerned Scheme Authority. (3)
The Ombudsman may issue direction for
conducting spot investigation. (4)
The Ombudsman may initiate proceedings suo
motu in the event of any circumstances arising within his jurisdiction that may
cause any grievance. (5)
The Ombudsman may engage experts for
facilitating the disposal of grievance. (6)
The Ombudsman may investigate a complaint and
report its finding to the State Government and may also recommend disciplinary
and punitive action, if deems appropriate. (a)
he shall be responsible for the conduct of
business in his office; (b)
he shall maintain confidentiality of any
information or document coming into his knowledge or possession in the course
of discharge of his duties and not to disclose such information or document to
any person except with the consent of the person furnishing such information or
document: Provided that nothing in
this clause shall prevent Ombudsman from disclosing information or documents
furnished by a party in a grievance to the other party or parties, to the
extent considered by him to be reasonably required to comply with the
principles of natural justice and fair play in the proceedings; (c)
he shall send a report to the State
Government after making an inquiry recommending appropriate action. The report
shall specially highlight cases where action needs to be taken against erring
Scheme functionaries. The report will be accompanied with primary evidence
needed to initiate action against the delinquent person; (d)
he shall furnish a report every year
containing a general review of activities of the office of the Ombudsman during
the preceding financial year to the State Government along with such other
information as may be considered necessary by him. In the annual report, the
Ombudsman, on the basis of grievances handled by him, will review the quality
of the working of the Scheme Authorities and make recommendations to improve
implementation of the Scheme. The report shall be put on the Scheme website; (e)
he shall compile a list of reports sent by
him between April and March of each financial year in respect of every Scheme
Authority complained against and report it to the State Government. This report
shall also be kept on the Scheme website; (f)
if he finds fatal injustice or grief to a
person due to maladministration he may pass an award in favour of the
complainant. CHAPTER 4 PROCEDURE FOR REDRESSAL OF
GRIEVANCES (i)
the Gram Sabha; (ii)
registration of households and issue of job
cards; (iii)
custody of job cards; (iv)
demand for work; (v)
issue of dated acknowledgement against
submission of application for work; (vi)
payment of wages; (vii)
payment of unemployment allowance; (viii)
discrimination on the basis of gender; (ix)
worksite facilities; (x)
measurement of work; (xi)
quality of work; (xii)
use of machines; (xiii)
engagement of contractors; (xiv) operation
of accounts in the bank or post offices; (xv)
registration and disposal of grievances; (xvi) verification
of muster rolls; (xvii) inspection
of documents; (xviii)
use of funds; (xix) release
of funds; (xx)
social audit; (xxi) maintenance
of record; (xxii) deprivation
of any entitlement assured in the Act. (1)
Any person who has a grievance against the
Scheme Authority or worker may, himself or through his authorised competent
representative, make a grievance against the Scheme Authority or worker in
writing or oral to the Ombudsman. (2)
A complaint may be filed as far as possible
by a person or persons themselves or through such competent representative for
whom Ombudsman permits. (3)
The grievance shall be duly signed by the
complainant or his authorised competent representative, if any, and shall state
clearly the name and address of the complainant, the name of the office and
official of the department against whom the grievance is made, the facts giving
rise to the grievance supported by documents, if any, relied, on by the
complainant and the relief sought from the Ombudsman. (4)
A grievance made through electronic means
shall also be accepted by the Ombudsman and a print out of such grievance shall
be taken on the record of the Ombudsman. (5)
A printout of the grievance made through
electronic means shall be signed by the complainant at the earliest possible
opportunity before the Ombudsman takes steps for disposal. (6)
The signed printout shall be deemed to be the
grievance and it shall relate back to the date on which the grievance was made
through electronic means. (7)
No grievance to the Ombudsman shall lie if
the grievance is in respect of the same subject matter which was disposed by
the office of the Ombudsman in any previous proceedings whether or not received
from the same complainant or along with any one or more complainants or any one
or more of the parties concerned with the subject matter. (8)
No grievance shall be made to the Ombudsman
on an issue which has been or is the subject matter of any proceeding in an
appeal, revision, reference or writ before any Tribunal or Court. (1)
On receipt of the complaint, Ombudsman may
refer the complaint to the appropriate MGNREGA authority for disposal within
seven (07) days. In the event of failure of the MGNREGA authority to dispose
the complaint, the matter may be taken up by the Ombudsman for disposal. (2)
The Ombudsman shall cause a notice of the
receipt of the complaint along with a copy of the complaint to be sent to the
MGNREGA authority complained against. (3)
When facts of the case are admitted by the
parties, the Ombudsman shall dispose the case in accordance with the
requirements of the MGNREGA, Rules and Guidelines. (4)
If the facts are not admitted by the parties
in a case, Ombudsman may pass an Award after affording the parties reasonable
opportunity to present their case. Ombudsman shall be guided by the evidence
placed before him by the parties, the reports of social audits, if any, the
provisions of MGNREGA, and Scheme and practice, directions, and instructions
issued by the State Government or the Central Government from time to time and
such other factors which in his opinion are necessary in the interest of
justice. (5)
The Ombudsman may conduct a spot
investigation in case it is required, to enable the matter to be disposed of
satisfactorily; or ask for a report from a MGNREGA functionary based on a spot
visit. In case the State Government issues guidelines for the purpose, he may
also call for a report from an expert. Normally a spot investigation should be
done with advance notice to all parties and to the local Gram Panchayat, and
presence of parties. A separate spot investigation summary shall be prepared by
the Ombudsman on the spot and signed by any of the parties who wish to do so.
However, if the Ombudsman is of the view that a surprise inspection is
essential to elicit the correct position, he may do so after, informing the
Programme Officer of the general location of the spot inspection in all such
cases. He shall in his spot investigation summary record, the details of
persons actually present, and shall invariably take photographs of the site and
of the persons present and attach a print out with the spot investigation
summary. In case spot investigation was done, copy of the spot investigation
summary shall also be attached to the report of the Ombudsman. (6)
Ombudsman shall attend the public hearing of
social audit as far as practicable and suo moto take on file all cases where
due entitlements are not provided for disposal as per these guidelines. (1)
If the facts are not admitted by the parties
in a case, the Ombudsman may pass an award, after affording the parties
reasonable opportunity to present their case. He shall be guided by the
evidence placed before him by the parties, the reports of social audits, if
any, the provisions of the Act and Scheme and practice, directions and instruction
issued by the State Government or the Central Government from time to time and
such other factors which in his opinion are necessary in the interest of
justice. (2)
The award passed under sub-rule (1) shall be
specific consisting of the following components, namely :- (i)
details of the parties of the case; (ii)
brief facts of the case; (iii)
issues for consideration; (iv)
findings against issues along with reasons; (v)
cost, if any. (3)
If a complaint is found to be false,
malicious or vexatious, the Ombudsman shall, for reasons to be recorded in
writing, dismiss the complaint and make an order that the complainant shall pay
to the opposite party cost as deemed appropriate by the Ombudsman. (4)
A copy of the award shall be sent to the
complainant and the Scheme Authority. (5)
A representative of Programme Officer or
District Programme Co-ordinator may appear in the cases before the Ombudsman
where the Programme Officer or District Programme Co-ordinator is a party.
Programme Officer or District Programme Co-ordinator shall appear before the
Ombudsman only when a proceeding is taken up before the Ombudsman, in which
case he or they are accountable and they shall be provided the opportunity of
hearing. In any proceeding before the Ombudsman, if the facts reveal a case of
illegal gratification, bribery or misappropriation the same shall be referred
by him to the State Government for further action in accordance with law. (i)
minimum 30 years of experience in academics
(teaching) or civil service or civil society organization; (ii)
person with eminent standing and impeccable
integrity; (iii)
not a member of any political party or
currently banned organization; (iv)
physically active, capable of and willing to
conduct filed visits to remote rural areas in the State; (v)
below 66 years of age at the time of
appointment; (vi)
those who have completed at least 1 year as
MGNREGA Ombudsman will be given preference; (vii)
members of Appellate Authority will have a
tenure of 2 years extendable not more than twice by one year each based on a
performance appraisal process or till the incumbent attains the age of 68
years, whichever is earlier. There will be no reappointment; (viii)
senior most of three members of the Appellate
Authority shall be the Chairperson. The Chairperson shall allocate works
(appeals) among members, including him/herself for consideration and report ;
to the Authority; (ix)
work of Chairperson and members of Appellate
Authority is in the nature of pro-bono public service and no post is to be
created; (x)
Chairperson and Members of Appellate
Authority shall be entitled to get Rs. 1,500/- as sitting fee with an upper
limit of Rs. 30,000/- in 1 month. Sitting means per day functioning,
irrespective of number of cases handled and its duration in terms of working
hours. State Government may pay an additional amount, over and above the
sitting fee prescribed by the Ministry, from its own financial resources. A
sitting could be for a full day or part. For office work, the Appellate
Authority shall operate from the premises of the State Nodal department
implementing MGNREGA and necessary logistics and administrative support shall
be provided by the office of Secretary/Commissioner, MGNREGA. TA/DA at rates
admissible to Class-I officers of the State Government may be allowed. State
Government may provide vehicle(s) from its local pool to the Appellate
Authority for official purpose as per need. However, no new vehicle can be
purchased for the use of Appellate Authority from MGNREGA fund. In case of
travel by Chairperson or members of Appellate Authority in his/her own or hired
vehicle for official purpose, State Government concerned may reimburse the cost
of travel, including waiting charges. State Government may fix rates for the
purpose; (xi)
parties aggrieved by the awards of Ombudsman
must make a signed written appeal to the Appellate Authority within 15 days of
the submission of such finding with a copy of award. The Appellate Authority
shall dispose an appeal within 2 months from the date of receipt. All decisions
of the Appellate Authority on appeals against the awards of Ombudsman shall be
taken by all three members together. In case of lack of consensus, all
decisions shall be made by majority of the three, including the Chairperson.
Decision of the Appellate Authority shall be final and binding on the original
parties of the case and on the Ombudsman concerned. It will be the
responsibility of Principal Secretary/ Secretary, Nodal Department to enforce
the decision of the Appellate Authority; (xii)
a representative of Program Officer/ Distrist
Programme Coordinator may appear in cases where the District Programme
Coordinator is a party unless there is clear personal failure; (xiii)
all cases not involving complicated questions
of fact or law shall be disposed of by Ombudsman within 15 days from the date
of receipt of complaint. Other cases may be disposed of within 60 days; (xiv) in
any proceeding before the Ombudsman if the facts reveal a case of illegal
gratification, bribery or misappropriation and the Ombudsman is satisfied that
the case is fit for farther investigation by an appropriate court of law, the
same shall be referred by the Ombudsman to the authority competent to sanction
criminal prosecution of the persons involved in the case who shall take action
in accordance with prescribed procedures; (xv)
representation of parties by Advocates is not
permissible. The awards of Ombudsman would be strictly within the purview and
confines of the MGNREG Act, the rules and the schemes formulated thereunder and
the operational guidelines issued by the Government of India from time to time. (1)
The State Government shall set up a system
nodal department to monitor the action taken on the awards of Ombudsman.
Wherever action is not taken on the award, which has become final, disciplinary
action shall be taken against the officers concerned. (2)
Copy of the action taken report (ATR) shall
be sent to the Ombudsman concerned immediately after action is taken and in no
case more than 2 (two) months from the date of award reported by the Ombudsman. (3)
The summary report of cases Ombudsman and
action taken on the awards shall be reported to the State Employment Guarantee
Council by the Secretary, State Nodal Department in its meetings and shall also
form part of the annual report of the nodal, department. (4)
The summary report of disposed cases by
Ombudsman and action taken on the awards shall also be reported to the Ministry
of Rural Development, Government of India for placing before the Central
Employment Guarantee Council, by the Secretary, State Nodal Department. CHAPTER 5 MISCELLNEOUSMahatma
Gandhi National Rural Employment Guarantee (Appointment, Powers And Duties Of
The Ombudsman) Madhya Pradesh Rules, 2021
These rules shall apply for the grievances received and shall extend to the
whole of the State of Madhya Pradesh.
In these rules, unless the context otherwise requires,-
Except as provided in the MGNREGA Act and these instructions, officials of
Central or State Government shall not have authority to issue any direction, or
instruction to an Ombudsman with regard to the discharge of his duties.
The Ombudsman shall have the following duties, namely: -
A grievance pertaining to any one or more of the following subjects alleging
deficiency in the implementation of the Scheme may be filed with the Ombudsman:
The Ombudsman shall not be bound by any rules of evidence and may follow such
procedure that appears to him/her to be fair and proper in accordance with the
principles of natural justice. The proceedings before the Ombudsman shall be
summary in nature.
The State Government shall setup a three members Appellate Authority consisting
of an academician, a retired civil servant and a civil society representative
to consider representation by any party aggrieved by the awards of the
Ombudsman. Such a representation shall be disposed of within a period of two
months by the appellate authority. Office of the appellate authority shall be
located in the office of the nodal department of the State Government
implementing MGNREGA. Expenses of such an appellate authority shall be borne by
the State Government from the 6% administrative expenditure permitted under
clause (c) of sub-section (1) of section 22 of the MGNREGA.
Ombudsman shall be covered under the Right to Information Act, 2005. Nodal
department of the State Government shall notify Public Information Officer and
Appellate Authority for this purpose.
The State Government shall carry out periodic review of the functioning of
office of Ombudsman in the State.
Notwithstanding anything contained in these rules anything done or any action
taken under the said rules shall be deemed to have been done or taken under the
corresponding rules.