Lok Sabha Question No. 4359 (UNSTARRED), answered on 2016-08-11
Subject: Standard of Operating Procedures (SOP) under MGNREGS
Ministry: RURAL DEVELOPMENT
Asked by: Shrirang Appa Barne, ANANDRAO  ADSUL, VINAYAK BHAURAO RAUT, DHARMENDRA YADAV, SHIVAJI ADHALRAO PATIL

## GOVERNMENT OF INDIA MINISTRY OF RURAL DEVELOPMENT DEPARTMENT OF RURAL DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO .4359

TO BE ANSWERED ON 11.0 8.201 6

## STANDARD OF OPERATING PROCEDURES (SOP) UNDER MGNREGS

## 4359. SHRI SHRIRANG APPA BARNE:

SHRI ANANDRAO ADSUL:

SHRI VINAYAK BHAURAO RAUT:

SHRI DHARMENDRA YADAV:

SHRI ADHALRAO PATIL SHIVAJIRAO:

Will the Minister of RURAL DEVELOPMENT be pleased to state:

- (a) whether the Union Government has framed Standard Operating Procedures (SOP) t effectively  address  the  issues  relating  to  the  implementation  of  Mahatma  G National Rural Employment Guarantee Scheme (MGNREGS) and if so, the details thereof;
- (b) whether  this  SOP  sets  procedures  and  timelines  for  managing  various  types complaints  including  financial  and  procedural  irregularities  and  if  so,  th thereof;
- (c) whether  the  States  have  been  advised  to  appoint  Ombudsmen  independent  of  t jurisdict ion  of  Centre  or  State  Government  and  if  so,  the  powers  given  to Ombudsmen;
- (d) the names of the State Governments which have appointed the Ombudsmen so far a the  action  taken  by  the  Union  Government  against  the  States  which  have appointed Ombu dsmen so far; and
- (e) the number of erring persons prosecuted by the Ombudsmen so far, State/ UT - wise?

## ANSWER MINISTER OF STATE IN THE MINISTRY OF RURAL DEVELOPMENT ( SHRI RAM KRIPAL YADAV )

- (a)& (b): The Standard Operating Procedure (SOP) has been framed. The details are at Annexure-I.
- (c): Section 30, Schedule -I of the Mahatma Gandhi NREGA mandates that there shall be an  ombudsperson  for  each  district  for  receiving  grievances,  enquiring  into  and awards  as  per  guidelines.  The  guidelines  on Ombudsmen  contains  the  detail  norms  and process  of  appointment,  application,  tenure,  termination,  autonomy;  remuneration; and responsibilities; procedure for redress of grievances etc has been issued by th on 16 - 01- 2016.  The ombudsmen may register su - moto complaints for disposal and pasing of awards within 30 days from the date of filing of the complaint as per the norms laid
- (d): The State wise details are at Annexure -II.
- (e): Data related to erring persons prosecuted by the Ombuds men are maintained at the State level.

******

## Annexure-I referred to in reply to part  (a)&(b) of  Lok  Sabha Unstarred Question No. 4359 dated 11.08.2016

## 1.1 Standard Operating Procedures on Complaints

Section  27(2)  of  Mahatma  Gandhi  NREGA,  states  that,  'the Central  Government may, on receipt of any complaint regarding lack of effective implementation of the provisions of the Act or regarding the improper utilization of funds granted under this  Act,  order  an  investigation  into  the  complaint  and  if  necessary,  shall  order stoppage of release of funds to the scheme if no appropriate remedial measures are instituted for proper implementation within a reasonable period of time as defined by the Central Government.'

A Standard Operating Procedure (SOP) for application of the provisions of Section 27 (2) read with the provisions relating to accountability given in Section 23 of the Act, is enforced in the manner given below:

Mahatma  Gandhi  NREGA  division  in  the  Ministry  will  look  into  all  complaints received in the Ministry and will segregate it into categories as such: -

- 1.1.1 PetitionsGeneral/ non-specific statements on the implementation of the Scheme and general observations/suggestions  on  the  improvement  in  the  Scheme will come under this category. These would include:
- b. increasing the wage rate
- a. increasing the number of days of works
- c. inclusion of new category of works etc.
- 1.1.2 Grievances/Complaints regarding procedural violation of Guidelines- Irregularities, which are born out of deficiencies like lack of capacity building, shortage of staff, lack of planning etc. will come under this category. These include allegations where no criminal intent is involved, such as delay in completion of works, etc.
- 1.1.3 Complaints relating to ineffective implementation of the Act - In this category, will be included complaints relating to large scale and  prolonged  deviation  from  the  main  provisions  of  the  Act including:
- b. Not conducting Social Audits
- a. Non-involvement of Gram Sabha/Ward Sabha in the selection of works
- c. Delay in payment of wages,
- 1.1.4 Complaints involving financial irregularities-Any allegation relating  to  possible  or  actual  loss  to  the  exchequer  and  where criminal intent is involved will come under this category. These include:
- a. Purchase  of  materials  without  following  applicable  financial  procedures with the intention of causing wrongful loss to the scheme or wrongful gain to another party
- b. Embezzlement of funds/misappropriation of funds, fudging of financial records including duplication of muster rolls, bogus entries, etc.
- 1.1.5 Cases pertaining to category (1) may not be referred to the State Government  and  the  Ministry  will  take  the  required  action  in accordance with the provisions of the Act, Rules and accepted policy of the Government
- 1.1.6 Cases pertaining to category (2) and category (3) will be referred to  the  State  Government  within  15  days  of  the  receipt  of  the same. The concerned State Government will be asked to submit its  detailed  Action  Taken  Report  based  the  result  of  a  spot inquiry within three months of the receipt of reference from the Government of India.
- 1.1.7 Cases  pertaining  to  category  (4)  will  also  be  submitted  to  the State Government within 15 days with the request to submit its Action Taken Report within three months from the date of the receipt  of  the  complaints.  However,  the Ministry  as  per  the seriousness  of  the  complaints  may  reduce  the  period  of  three months  to  the  time  it  considers  appropriate  for  submission  of Action Taken Report. Alternatively, it may consider the complaint fit to be enquired by a central team, internal audit cell, National  Level  Monitor  or  any  third  party.  In  all  such  cases where financial irregularities are established, following measures shall be invariably ensured
- 1.1.7.1 Recovery of embezzled fund/, mis-appropriated sum etc.
- 1.1.7.2 FIR against those found guilty,
- 1.1.7.3 Departmental proceedings against those found guilty.
- 1.1.7.4 For Elected officials: (i) Proceedings for disqualification/ termination  /  recovery  should  have  been  initiated  under  the State Panchayati Raj Act or any other relevant State Act and (ii) Recovery  should have  been  ordered  by  issue  of  a  formal recovery  certificate  or  a  written  order,  if  following  a  due process, recovery is due.
- 1.1.8 In cases pertaining to category (4) where State Government fails to act on directives of the Government of India, a decision may be  taken  by  the  Government  of  India  with  the  approval  of Secretary (RD) for appropriate remedial action including stoppage of funds under Section 27(2) of the Act.
- 1.1.9 Establishing Complaint Cells in States

1.1.9.1 The State Governments should establish a Complaint Cell for looking into all the complaints related to Mahatma Gandhi NREGA.

- 1.1.9.2 In the case of use of force, intimidation and other similar action coming to light against complainant's/whistle blowers with regard to the implementation  of  Mahatma  Gandhi  NREGA  or  against  officers  of Enquiry Teams to prevent the same from discharging of official functions, it shall be the duty of the concerned State Government to ensure that:
- a. Prompt initiation of criminal proceedings against acts of violence, intimidation and coercive action as well as registration of separate criminal  cases  regarding  misappropriation  of  Government  money and other issues of corruption.
- b. That  adequate  security  is  provided  to  the  complainant/whistle blower and their family members as well as members of the special audit/social audit team by the District Administration.
- c. That  a  special  social  audit  is  conducted  by  a  team  from  State Government  in  the  Block/Mandal  concerned  and  based  on  its findings, appropriate steps are initiated  to  ensure  immediate financial recoveries.
- 1.1.10 Notwithstanding  the  detailed  procedure  listed  above,  that  deals  with  the procedure for handling complaints received in the Ministry and referred to the States for necessary action, provision of Para 29 of Schedule I of the Act will  be  applicable  to  the  complaints  received  directly  by  the  Programme Officer/ District Programme Coordinator or State Government.

## Annexure-II referred to in reply to part (d) of Lok Sabha Unstarred Question No. 4359 dated 11.08.2016

## Status of Ombudsmen (As on 31 st March, 2016)

|   Sl.No . | Name of the States   |   No. of Districts in which MGNREGSis operational | Ombudsman selected                      |
|-----------|----------------------|---------------------------------------------------|-----------------------------------------|
|         1 | Assam                |                                                 9 | 11                                      |
|         2 | Bihar                |                                                38 | 18                                      |
|         3 | Chhattisgarh         |                                                27 | 15                                      |
|         4 | Jharkhand            |                                                24 | 7                                       |
|         5 | Maharashtra          |                                                33 | 23                                      |
|         6 | Haryana              |                                                21 | 9                                       |
|         7 | Meghalaya            |                                                11 | 4                                       |
|         8 | Mizoram              |                                                 8 | 4 (covering all the Districts)          |
|         9 | Nagaland             |                                                11 | 11                                      |
|        10 | Odisha               |                                                30 | 6                                       |
|        11 | Sikkim               |                                                 4 | 0                                       |
|        12 | Tripura              |                                                 8 | 4                                       |
|        13 | Uttar Pradesh        |                                                75 | 11                                      |
|        14 | West Bengal          |                                                20 | 7                                       |
|        15 | J&K                  |                                                22 | 0                                       |
|        16 | Arunachal Pradesh    |                                                16 | 0                                       |
|        17 | Punjab               |                                                22 | 3 (covering 11 districts)               |
|        18 | Manipur              |                                                 9 | 9                                       |
|        19 | Gujarat              |                                                26 | 13                                      |
|        20 | Tamil Nadu           |                                                31 | NA                                      |
|        21 | Himachal Pradesh     |                                                12 | 10                                      |
|        22 | Uttarakhand          |                                                13 | 6                                       |
|        23 | A&NIslands           |                                                 3 | 3                                       |
|        24 | Lakshadweep          |                                                 1 | 0                                       |
|        25 | Karnataka            |                                                30 | 18                                      |
|        26 | Rajasthan            |                                                33 | 14                                      |
|        27 | Madhya Pradesh       |                                                51 | 19 (2 vacant)                           |
|        28 | Puducherry           |                                                 2 | 0                                       |
|        29 | Kerala               |                                                17 | 3 (Matter under sub-judice High Court.) |
|        30 | Goa                  |                                                 2 | 0                                       |
|        31 | Andhra Pradesh       |                                                 4 | 0                                       |
|        32 | Telengana            |                                                 1 | 1                                       |