GOVERNMENT OF MIZORAM
RURAL DEVELOPMENT DEPARTMENT
Dated Aizawl, the 10th March 2014
NOTIFICATION (Click to download pdf file)
No.C.13019/2/12-RD(MGNREGS):In exercise of the power conferred by section 19 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (42 of 2005), the Governor of Mizoram is pleased to make the following Rules for dealing with any complaints by any person in respect of implementation of the Mizoram Mahatma Gandhi Rural Employment Guarantee Schemes and lay down the procedure for disposal of such complaints.
1. Short title, extent and commencement:
i) These rules shall be called the Mizoram Mahatma Gandhi Grievance Redressal Rules, 2014.
ii) They shall extend to the rural areas of Mizoram.
iii) They shall come into force from the date of notification in the Mizoram Gazette.
2. Definition:
In these rules, unless the context otherwise requires:
i) ‘Act’ means the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (42 of 2005);
ii) ‘Block’ means Rural Development Block under Rural Development Department, Government of Mizoram;
iii) ‘Complaint’ means any matter reported or referred orally or in writing submitted to the official functionaries under MGNREGA, relating to the shortcoming in the implementation of the Schemes or in contravention of the Act.
iv) ‘District Programme Coordinator’ means an Officer of the State Government designated as such under Sub-Section (1) of Section 14 of the Act;
v) ‘Forms’ means the prescribed proforma appended to these rules;
vi) ‘Programme Officer’ means an Officer appointed under section (I) of section 15 of the MGNREGA 2005;
vii) ‘Scheme’ means the Mizoram Mahatma Gandhi Rural Employment Guarantee Schemes 2014
viii) ‘State Employment Guarantee Commissioner’ means Secretary to the Government of Mizoram, Rural Development Department.
ix) “Village Council” means the Village Council elected from time to time under the relevant Acts and Rules of the State Government and the three Autonomous District Council of Mara, Lai and Chakma.
x) ‘VCP’ means President of a Village Council;
Words and expressions used but not defined in these rules shall have the meaning as assigned to them in the Act.
3. Institutional Arrangement:
A. Village Level Grievance Redressal Committee:
i) There shall be a Village Level Grievance Redressal Committee established under the Chairmanship of President, Village Council in each village in Mizoram where traditional Village Council exists in place of Gram Panchayat.
ii) Composition of Village Level Grievance Redressal Committee:
a) Chairman : President of the Village Council concerned.
b) Secretary : Secretary of the Village Council.
c) Member : 1. All members of the Village Council
2. Representatives of NGOs (YMA / MTP / YLA /YCA / MHIP/MCHP/LWA/ZUP/MUP)
3. Representatives of all existing political parties in the Village Council area.
B. Block Level Grievance Redressal Committee:
i) Block Level Grievance Redressal Cell shall be established in the Office of the Programme Officer for receiving complaints on the implementation of the MGNREGS within the Block and also receiving appeals from the aggrieved persons who are not satisfied with the decision of the Village Level Grievance Redressal Committee or the case referred to the Block Level Grievance Redressal Committee by the Village Level Grievance Redressal Committee for its disposal and the concerned Programme Officer shall act as Grievance Redressal Officer.
ii) The Block Level Grievance Redressal Committee shall consist of the Programme Officer, Technical Assistants under MGNREGA and representatives of all NGOs of the Block or Sub Headquarters levels. The senior most staff of the Programme Officer shall act as Secretary of the Block Level Grievance Redressal Committee.
C. District Grievance Redressal Cell:
i) There shall be District Grievance Redressal Cell in the Office of the District Programme Coordinator to receive complaints on the implementation of the MGNREGS within the district.
ii) The District Programme Coordinator will function as District Grievance Redressal Officer within his jurisdiction and will also function as Appellate Officer or Authority to receive appeals against the decision of the Grievance Redressal Officer or Block Level Grievance Redressal Committee.
D. State Level Grievance Redressal Officer and Appellate Authority:
i) The State Employment Guarantee Commissioner will function as the State Level Grievance Redressal Officer who will receive complaints on the implementation of the MGREGS anywhere in Mizoram.
ii) He shall also act as the Appellate Authority at the State level against the decision of the District Grievance Redressal Officer.
4. Lodging of Complaints
i) Complaint can be filed at Village Council/Block Level Office/District level Office/State Cell Office or to any authorized Officer.
ii) Complaint Box shall be placed at the office of the Programme Officer, Addl District Programme Coordinator or District Programme Coordinator and at the State level wherein any aggrieved person can post his complaints in writings. No anonymous complaint shall be entertained. Complaint Box shall be checked daily for processing.
iii) Complaints can also be submitted in writing, phone, internet and orally. Complaints shall be filed in the prescribed format (Format 4) as far as possible. If complaint is submitted by phone or orally, the receiver shall fill in the form and Acknowledgement Receipt shall be issued by the receiver (below Format 4)
5. Disposal of Complaints:
i) The Chairman of Village Level Grievance Redressal Committee, Block Level Grievance Redressal Committee and District Level Grievance Redressal Committee shall receive all complaints on implementation of the Scheme within their jurisdictions.
ii) The receipt and disposal of complaints or appeals shall be recorded in the Register (Annexure 22 of the Operation Guidelines 2013, 4th Edition) where a complaint is made whether to the Village Council or Programme Officer or District Programme Coordinator or at the State level.
iii) Any complaint received shall be disposed off within 7 working days by all concerned authorities at all levels.
iv) If the nature of the complaint necessitates enquiry or spot verification, it shall be completed within 7 working days by concerned authotities and necessary action thereon to address the grievances shall be taken within 15 days.
v) In case a complaint relates to a matter to be resolved by any other authority, concerned Grievance Redressal authority shall conduct preliminary enquiry and refer the matter to such authority within 7 working days under intimation to the complainant.
vi) Chairman of the Village Level Grievance Redressal Committee is authorized to dispose of the complaints in his own capacity which shall be placed before the next meeting of the Village Level Grievance Redressal Committee for their approval.
vii) The complainants must also be informed of the action taken in writing through registered post with Acknowledgement Card.
6. Appeals:
i) All appeals shall be made within 45 days from the date of the issuance of the order.
ii) Appeals against the orders of the Village Council shall be made to the Programme Officer; those against the orders of the Programme Officer shall be made to the District Programme Coordinator; those against the District Programme Coordinator shall be made to the State Employment Guarantee Commissioner.
iii) All Appeals shall be disposed off within one month.
iv) The decisions thereon shall be communicated to the appellants in writing through registered post with Acknowledgement Card.
v) The decision of the State Level Appelate Authority shall be final in respect of the complaints or appeals on the implementation of MGNREGS in Mizoram
7. Contravention and Penalty
i) Failure to dispose of a complaint within 7 working days will be treated as contravention of the Act punishable under Section 25 of the Act. Complaints against such failure will be lodged with the next higher Grievance Redressal Authority
ii) In case of prima facie evidence regarding financial irregularities are noticed after preliminary enquiry of the complaint or of findings in the social audit report, the District Programme Coordinator shall file a First Information Report after obtaining legal advice from the concerned authority.
iii) In case of violation of Indian Penal Code like violence, intimidation, the complainant shall file First Information Report. The Grievance Redressal Officer or District Grievance Redressal Officer or State Level Grievance Redressal officer shall facilitate the filing of the First Information Report.
iv) Wherever contravention of the provisions of the Act has been proved after due enquiry by the State Government or the District Programme Coordinator or the Programme Officer or the Ombudsman or any other authority authorized by the State Government, action in accordance with the provisions of Section 25 of the Act shall be taken.
vi) The guilty persons shall be penalized to pay a fine upto Rs. 1000 under Section 25 of the MGNREGA 2005.
8. Report
A monthly report on complaints received and dispose off shall be sent from Village Employment Council to Programme Officer and from Programme Officer to District Programme Coordinator and from District Coordinator to the State Government and from State Government to the Government of India (Annexure III).
9. Publicity:
There shall be a wide publicity for grievance redressal at Village Employment Council, Programme Officer, District Programme Coordinator and State Government level.
10. Transparency and Accountability:
President of the Village Council or Chairman of the Village Level Grievance Redressal Committee shall be accountable for compliance and strict enforcement of the MGNREGA and its relevant rules and schemes whether Central or State at the village level including registration of the workers; issuing of Job Card; preparation of Muster Rolls etc.
Programme Officer will be accountable for compliance and strict enforcement of the MGNREGA and Rules at the Block level including timely payment of wages, timely payment of unemployment allowances etc.
The District Programme Coordinator will be accountable for compliance and strict enforcement at the District level. The State Employment Guarantee Commissioner will be accountable for overall compliance and strict enforcement within the State.
The transparency of implementing the provisions of the Act is to be ensured by proper dissemination of information in the field, by taking the photographs of the worksite before the commencement, during the course of execution and after completion of the work; providing on-line monitoring system of key performance indicators, audit reports by Internal Audit Teams/Chartered Accountant (as appointed by the State Government), put up on-line. The information would be made available to all who seek the information under Right to Information Act, 2005 (Central Act, No. 22 of 2005).
11. Ombudsman:
The State Government shall appoint Ombudsman for each district for receiving grievances, enquiring into and passing awards as per guidelines. The State Government shall also constitute an Appellate Authority to consider representation by any party aggrieved by the awards of the Ombudsman consisting of the retired civil servant, academician and a representative of a civil society.
12. Helpline:
A helpline shall be arranged at the offices of the District Programme Coordinator in every District and the State Employment Guarantee Commissioner, MGNREGA, Aizawl. This helpline shall work with a toll-free telephone and the number and time of operation or service shall be published widely.
13. Power to amend Rules:
The State Government may add to, delete from or alter or amend the rules. Such alteration or amendment of the rules shall be notified in the Mizoram Gazette.
14. Repeal and Savings:
i) With effect from the date of commencement of these Rules, the Mizoram Rural Employment Guarantee Rules, 2007, the Mizoram Rural Employment Guarantee Scheme, 2009 and the Mizoram Grievance Redressal Rule, 2009 and their subsequent amendments shall stand repealed.
ii) Notwithstanding such repeal, all orders issued and all actions taken or purported to be issued or taken under the said Rules and Schemes shall be deemed to have been issued or taken, or purported to be issued or taken, under these Rules.
Sd/-R.LALVENA
Secretary to the Govt. of Mizoram
Rural Development Department
Memo No.C.13019/2/12-RD(MGNREGS) Dated Aizawl, the 10th March 2014
Copy to:
1. PS to Hon’ble Minister, Rural Development Deptt
2. PS to Hon’ble Parliamentary Secretary, Rural Development Deptt
3. Sr PPS to Chief Secretary, Govt of Mizoram
4. Director, Rural Development Deptt, Mizoram
5. District Programme Coordinators, MGNREGA for information and necessary action
6. Project Directors, DRDA for information and necessary action
7. Block Development Officers for information and necessary action
8. Web Administrator, RD Deptt for uploading at mizorural.nic.in and mizonrega.nic.in
9. Guard File
( V.LALENGMAWIA )
Deputy Secretary to the Govt. of Mizoram
Rural Development Department
Annexure I
Records available for Scrutiny
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List of Documents/Information |
Place of Availability |
Copies |
Proactive |
Minimum |
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Annual |
Gram Panchayat (GP/VC) Office |
From GP and |
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Muster Rolls |
1.Worksite |
Frorn GP and |
* On worksite. *Consolidated Form on the web- site |
1.Unique number |
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Job Card |
With the |
Through GP/VC |
To be signed by |
1. Space for photographs of members of the household including additions of people who have migrated and come back. |
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Transparency Process |
Formats |
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As per prescribed format |
Employment |
GP/VC Office |
Of extracts |
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Mandatory: To be signed by worker at the time of payment. Recommended apart from the MR being available on the Worksite, The MR shall be designed so that the worker signs for his/her attendance on the MR every day. This would ensure daily transparency, and much greater safeguards against fudging of the MR |
As per prescribed format |
Registration |
GP/VC Office |
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1. Entries must be up to date & any delay in making entries shou1d be considered a violation of the act by the concerned authority. 2. Basic entitlements of the labour under MGNREGA should be printed on one page of the job card. 3. Telephone Numbers of PO, DPC & GP along with Block of district help line should be printed on the job card. |
As per prescribed format |
Asset register |
GP/VC Office |
Of extracts |
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Measurement Book & MB Summary |
GP/VC Office. Worksite MB copy & summary should be in work file |
Of extract from GP/VC or Block Office |
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Work Orders |
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District Schedule of rates |
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Who worked. Signature of officer authorized to make entry |
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List of number of days of employment provided at the end of the year to each household. |
Should have 1) Information about when work was sought, 2) when it was provided 3) at which worksite 4) amount paid |
1) The register should be open for inspection at the Panchayat Office during working hours. 2) The annual summary of total number of days of work provided and, total payment made to each household should be prepared and put up on the notice board, be made available on the website, and shared with community and read out during social audits |
As per prescribed format
Annual summary per household |
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As per prescribed format
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1. List of assets should be put up on the notice board. 2. Asset map on a wall |
Location. Amount spent, Executing agency, year status |
To be shared social audit meeting. To put up on the on Notice board. To be updated on website at least once a year. |
As per prescribed format
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Annexure II
Specific contraventions of NREGA under section 25
The following irregularities shall automatically be treated as contraventions of the Act under section 25:
1. Failure to accept an application for registration.
2. Failure to provide a job card to all eligible household.
3. Failure to provide a receipt for a work application.
4. Failure to provide work on time (i.e. within 15 days of application).
5. Failure to pay wages on time (i.e. within a fortnight of the date on which work was done).
6. Failure to pay unemployment allowance as per provisions of the Act.
7. Failure to make requisite Job Card entries at the time of wage payment.
8. Failure to adhere to the Transparency and Accountability Rules.
9. Failure to provide mandatory worksite facilities as per Schedule II of the Act.
10. Failure to conduct statutory social audit.
11. Failure to adhere to the Gram Sabha’s list of priorities in the selection of works.
12. Failure to register a complaint.
13. Failure to adhere to any Rules made under the Act.
Any complaint made by any worker that establishes any of these conventions shall be referred by the Programme Officer or any other ct1quirin authority as per the Grievance Redresser Rules.
Annexure III
Monthly Report of the Complaints and Disposal under MGNREGA
Name of Village/Block/District:
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Name of Complainant & address |
Nature of Complaint |
Action Taken Report |
Whether disposed or sent to next higher authority |
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Signature of VCP/PO/DPC
Name of Village/Block/District:
Format 4
NREGA logo Format IV
COMPLAINT FORM
1. Name : ………………………………………………….
2. Date : ………………………………………………….
3. Address: ………………………………………………….
4. Contact Number: ………………………………………..
5. Job Card Number (in case NREGA worker): ……………………………
6. Citizen Proof (Voter Card/Passport number/Ration Card number, if not an NREGS worker): ………………………………
7. Complaint registered with:
8. Complaint registered against:
9. Nature of Complaint (√ the box) :
i. Non-compliance with the NREG Act
ii. Noncompliance with the Guidelines
iii. Denial of Rights under NREG Act ( √ )
Registration of Household
• Distribution of Job Card
• Custody of Job Card
• Oral demand for work
• Receipt of work application
• Charging fee for photograph etc.
• Wages within 15 days of completion of work
• Payment of unemployment allowances
• Giving work to women
• Work site facilities
• Work measurement system
• Account in Bank/Post Office
• Registration of complaint
• Participation in Social Audit
• Access to Muster Roll
• Inspection of documents
iv. Misappropriations of funds
v. Irregularities committed by Implementing Agency
vi. Any other, specify: ……………………………………..
10. Details of Complaint (can attach a separate sheet)
11. Documents enclosed in support of the Complaint (like bills)
i. …………………………………………………………
ii. …………………………………………………………
iii. …………………………………………………………
12. Whether the complaint was lodged earlier also? Yes No
13. If yes, what was the action taken? Give derails (date, complaint registration number, to whom the complaint was registered, against whom the complaint was registered)
I hereby declare that all the information stated in the complaint is true to the best of my knowledge.
Date Signature of the Complainant
…………………….. ………………………….….. NREGA logo
************
RECEIPT
Number : ………………………… Date : …………………...
Received complaint from : ………………………………………………………………..
Complaint received by :
i. Name of the Officer : …………………………………………..
ii. Designation : …………………………………………………….
Office Seal Signature of the Officer
