Element of accountability and transparency in the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) appears to gain ascendancy, looking to the vast size and volume of the scheme with inherent risks of cases of misuse, leading to the departure from its real purpose. Accordingly, as a safeguard and to ensure proper implementation of the scheme, certain stipulations have been laid down for compliance by the Union Ministry of Rural Development which has directed the Jammu and Kashmir Government to ensure strict compliance of the conditions before seeking release of 2nd instalment of central share for the current financial year. Not to speak of releasing the 2nd portion of the central share, the Ministry has taken a serious note of the non compliance of the requisite stipulations.
As regards the status of appointment of ombudsmen in all the districts, the Ministry has reportedly also sought the Action Taken Report (ATR) on pending complaints and decisions. It may be recalled that way back in 2009, Government of India had issued instructions to the states for appointment of ombudsman in each district to consider and facilitate disposal of complaints relating to the implementation of the scheme and, if required, to take legal action. The duties of the ombudsman include issuing directions for conducting spot investigations, lodge FIRs against the erring parties, initiate proceedings suo motu wherever required and take disciplinary and punitive actions. However, section 27 of the MGNREGA Act was amended to make it more comprehensive vide which, the State Government was required to appoint one or more persons but not exceeding two, as ombudsmen in a district on the recommendations of the select committee consisting of Additional Chief Secretary as Chairperson, one representative of the Union Ministry of Rural Development, eminent civil society member and principal secretary or Secretary of the state Nodal department. The Jammu and Kashmir Government has, as per reports, not kept the concerned Ministry abreast of the progress under this important stipulation.
It is learnt that the designated authority (MGNREGA) in the Union Ministry of Rural Development, has in a communiqué addressed to the Commissioner Secretary Rural Development Department of the Jammu and Kashmir Government, made it clear that the release of the next instalment of central share under the scheme during 2013-14 would be linked with the status of the fulfillment of the conditions laid down while releasing the first instalment earlier this year. The communiqué makes it further clear that an amount of Rs.328.15 crore has been released to the Jammu and Kashmir State Employment Guarantee Fund towards meeting the cost of generating wage employment up to Sept 2013 totalling 191.01 lakh person days. It further says that the release was made subject to a few conditions which the state should fulfil before applying for the release of the second tranche of the central share. Referring to the importance of detailed examination of pre – requisites and relevant supporting documents required for release of central funds under MGNREGA, the Union Ministry communiqué made it clear to have regard to these stipulations while submitting financial proposals to the Ministry. MGNREGA operational guidelines could be treated as the reckoner of guide wherein a comprehensive checklist on pre-requisites had been incorporated with a view to make scrutiny of the proposals hassle free and for easing the process of examining of the proposals sent by the State Government.
The Ministry has further asked for submission of the Action Taken Reports on the pending complaints and decisions taken there-against, during the labour budget meeting held early this year. Since the Performance Audit Report of the MGNREGA has been showing significant decline in per rural household employment generation in the last two years, besides CAG audit report pointing out several of irregularities in the implementation of the scheme, careful monitoring becomes imperative. One of the glaring irregularities pointed out in the CAG report tabled in the Parliament on April22, 2013 was about impermissible works undertaken to the tune of Rs.2252 crore in the country defeating the very purpose and the aim of the scheme. It is , therefore all the more binding on the State Government to comply with the procedural requirements to qualify for drawing the second tranche or the portion of the central share under the scheme in a smooth way without any humps.
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