Citizens’ Monitoring Report on MNREGA in Odisha by Right To Food Campaign

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Transcript of Citizens’ Monitoring Report on MNREGA in Odisha by Right To Food Campaign

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    CitizensMonitoringReportonMGNREGA

    (JamankiraBlockofSambalpurdistrict,Odisha)

    Everyday,Massmediacoversnewsaboutlargescalecorruption,irregularities,falseentryinmuster

    rollsanddelayedpaymentstothelabourersinNREGAworkinthestate. Asifthecorruptionhasno

    end in implementationofNREGA inOdisha. But it is seen that theStateGovt.always remain in

    denialmode.However,theGovt.hastakenvariousstepslikeintroducingtollfreenumber,framing

    Grievanceredressalrules,onlinefillingofcomplaintsetc. tocheck corruptionandensureeffective

    implementationofNationalRuralEmploymentGuaranteeAct.Ontheotherhand,it isallegedthat

    thesystemdevelopedbyGovt.hasnothelped thepoor labourers togetjustice.Being frustrated

    over themanner of the implementation ofNREGAwork, long delay in payments, contractorraj,

    denialofwages,thepoorlabourersdonothavechoicebuttoleavetheworkforever.Thecommon

    peopledonothaveinteresttodotheworkunderNREGA.Itisslowlytakingburialdeathinthestate.

    In fact, National Rural Employment Guarantee Act, 2005, renamed as MGNREGA mandates

    guaranteeing 100 days of employment in a financial year to any rural household whose adult

    members arewilling todounskilledmanualwork. Thebasic objectiveof theAct is to enhance

    livelihood security in ruralareasbyprovidingat least100daysofguaranteedwageemployment.

    This work guarantee also serves other objectives: generating productive assets, protecting the

    environment,empoweringruralwomen,reducingruralurbanmigrationandfosteringsocialequity,

    amongothers.ToachievetheobjectivesoftheAct,theStateGovt.hasbeenimplementingalotof

    programmes like Mo Pokhari, Farm Pond, construction of check dam, landleveling etc. for

    providing employmenttothepeople anddevelopingruralinfrastructure.

    TounderstandrealsituationatgrassrootlevelinrespectofimplementationofworkunderNREGA,

    extentof involvementofthepeopleandresponseoftheofficials involved intheprogramme,a3

    member teamofRight to FoodCampaign,Odisha ( StatelevelForumworkingon food security

    issues) hadvisitedJamankiraBlockofSambalpurdistrict,Odisha on29th

    and30th

    August,2013.

    On 29th

    August, the team visitedMundelpali and KulundiGram Panchayat to collect information

    directly from thepeople about implementationofNREGAwork. The team interactedwith a

    groupof laborersand wantedtoknowfromthemabout theworkundertakenintheir villages. All

    ofthemmadeaseriesofcomplaintsaboutnonpaymentoftheirwages infarmpondworkunder

    NREGA, harassment caused to them by Panchayat Executive officers and Block officials.Most of

    themarefarmpondbeneficiarieswhowereissuedworkordertodig farmpond intheirownland

    in 2010 and 2011. Farm pond is a scheme under NREGA as an initiative for developing

    infrastructure

    for

    conservation

    of

    water

    while

    providing

    employment

    to

    the

    people.

    The team members are Sri Pradip Pradhan, Sri Tapan

    PadhiandSri SushilMarish Tirkey. JamankiraBlock is

    most undeveloped blockwith presence of sizeable tribal

    population.Almostalldevelopmentprogrammeandtribal

    development programme are undertaken for soci0

    economicdevelopmentoftribalsintheblock.Duringtwo

    day visit, the Team interactedwith the common people,

    the labourers (Job card holders), Panchayat

    representatives,Gram Sathi of threeGPs like Jamankira,

    Mundenpali

    and

    Kulundi

    and

    Block

    Development

    Officer

    aboutimplementationofNREGAintheirareas.

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    Sl

    #

    Nameandaddress

    ofthe

    Beneficiary/Commu

    nity

    Gram

    Panchayat

    Yearof

    Work

    order

    issued

    Status

    ofwork

    Estimated

    budget

    Received

    amount

    Amount

    pending

    1 RadheshyamSalma,

    Ghusraguda village Mundenp

    ali

    2011

    Complet

    ed

    50,000/ 18000/ 32000

    2 ParbatiPradhan,

    Sardabahalvillage

    Do 2010 Complet

    ed

    50,000/ 18048/ 31952/

    3 KrustanCh.Bag,

    Saradabahalvillage

    DO 1.2.22010

    Complet

    ed

    50,000/ NO NO

    4 UjalMunda,

    Sardabahalvillage

    DO 2011 Complet

    ed

    50,000/ NO No

    5 AswaniBhoi,

    Sardabahal

    village

    Do 5.6.10 Complet

    ed

    50,000/ NO NO

    6 BhagabatMirdha,

    Ghosaragada

    DO 2010 complet

    ed

    50,000/ 18,048/ 31,952/

    7 Pyarimohan

    Mohapatra,Saplat

    village

    DO 26.8.2010 complet

    ed

    50,000/ 18,048/ do

    8 KarulusEkka,Budhi

    Kutunivillage

    Kulungi 1.5.2010 complet

    ed

    50,000/ No NO

    9 BhagabatiaKishan,

    Budhukutunivillage

    DO 2010 Complet

    ed

    50,000/ NO No

    2.Nonpaymentoflabourersinroadconstructionwork

    During interaction with the people, it was found that the

    labourers had not been paid of their dues in three road

    constructionworks since fewmonths. The contractors have

    beenengaged inalltheworks. Itwasalsofoundthat theJob

    Cards and bankpassbookof the labourers are notwith

    them butat thedisposalofcontractors,GramRojgarSewaks

    and Gram Sathis. Some labourers also complained that the

    contractorswithdrawsmoney from their accountbyputting

    falsesignature

    in

    the

    withdrawal

    form

    showing

    their

    pass

    books. Thedetailsofcomplaintabouttheworkareasfollows.

    Thoughtheyhadvisitedseveraltimesrunningfrompillar

    topost toPanchayatandBlockoffice for settlementof

    theirwagessince last3years, theofficialshadkepton

    themselves giving false assurance for payment. The

    detailsof

    non

    payment

    of

    wages

    to

    the

    Farm

    pond

    beneficiariesareasfollows.

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    Nameofwork ContentofComplain Complainant

    Construction of road

    from Gopikata to

    Ghusraguda under

    Mundenpali

    GramPanchayat in201213

    The work stared since January, 2013. The

    work has not been completed. 20 to 25

    labourers of Ghusraguda village have not

    beengiven

    their

    payments

    since

    six

    months.

    AStheyarenotpaid, theworkhasremained

    incomplete. KartikMunda said that he had

    been paid only Rs.800/ and yet to get Rs.

    1200/.

    KartikaMirdha,

    GunanidhiMirdha,

    KartikaMunda

    Roadconstructionwork

    from BengtaltoBanmal

    in 2013 with

    sanctioned amount of

    Rs. 8 lakh under

    KulundiGP

    A number of labourers have not been paid

    theirdues. ThoughtheyapproachedtoBlock

    authoritiesseveraltimesforpayment,but in

    vain. Itwasfoundthat theyhadnot lodged

    anywrittencomplain.

    All the labourers

    presented their

    problem. But the

    labourers who

    vociferously spoke were

    Robet Tappo, obeas

    KerketaRoadconstructionfrom

    MahulmundatoNH6

    underKulundiGP

    Do DO

    Road construction from

    NH6 to Gantiapada (

    Badakundeisara village)

    underKulundiGP

    This work was sanctioned in 2010. 40

    labourers were involved in road

    construction work. Sri Jagadish Behera,

    PanchayatSamitiMember isthe contractor

    engaged forthiswork.Hedidnotpay their

    dues. Due payments for each labourer

    whichhave not received ranges from Rs.

    5000/to

    Rs.

    7000/

    .Thisworkwas stopped in 2010 and again

    started in December, 2012. Samething

    happened. Though sixmonthspassed, 20

    labourers havenotbeen paid.

    JagadishBehera has kept passbookofall

    labourers.

    DO

    3.Nonpaymentofwages tolabourers in theworkfor mangoplantation

    Theworkforplantingmangoseedlings underNREGA isgoingon bytheDept.ofHorticulture in

    between Banamal to Badakaneisara village under Kulundi Gram Panchayat. Around 50 laborers

    havebeen

    engaged

    in

    this

    work.

    But

    though

    20

    days

    passed,

    the

    laborers

    have

    not

    been

    paid.

    NabinKishanhasbeenappointedas Munshi whoisresponsible forpayments.Gettinginformation

    about complaints lodged by the labourers to the Team, he has threatened them of dire

    consequence.

    4.Halfconstructionofcheckdam.

    TheTeamvisitedDurgadihivillageofJamankiraGramPanchayaton30.8.13andcameacrossahalf

    constructedcheckdamoverasmallstream flowing onthe leftsideof thevillage.Duringvisit, It

    was rainingheavily.However,thevillagersaccompaniedtheteamtothespot. Theteamfounda

    displayboardaboutthework.ThisisaNREGAworkundertakenunderZillaParishadfundin201112

    with

    sanctioned

    amount

    of

    Rs.

    5

    lakh.

    Approximately

    25%

    of

    the

    construction

    work

    has

    been

    completed.Sincelasttwoyears,the checkdam hasbeenleft halfconstructed.

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    During interactionwith the villagers, theysaid thattheydidnot

    have ideaabout the reason for postponementof theworkand

    amountof fundalreadyspent for thework.WardMember said

    thathehadappraisedand requested theBDOseveral times to

    completethework,butin vain.

    MeetingwithPanchayatRepresentatives

    They tried tomeetSarapanchandPanchayatExecutiveOfficers

    of MundenpaliGramPanchayatbut found theirofficeclosedat

    12noon.However, the teammetBasantiMirdha, Sarapanchof

    KulundiGPandwaned fromher aboutnonpaymentofwages.

    Sheexpressedher ignoranceabout it.Thoughbthiswork isbeing

    undertakendirectlybyblock,szhehasnotbeenappraisedabout

    theworkundertakeninherjurisdiction fromtheBlockoffice.zzzz

    ShenarratedherstoryofhelplessnessasSarapanchandnofile or

    documentis

    shown

    to

    her

    by

    the

    Panchayat

    Executive

    Officer.

    PhysicalthreatstoRTIUsers

    Finding nopayments oftheirdues,manylabourershaveused RTI togetthe detailsofinformation

    fromthe officeofBDO,JamankiraBlock. They havenotgotanyinformation though statutorytime

    limithasgotpassed.Findingnoinformation,theyhavefiled complaintstoInformationCommission

    seekingjustice. OneRTIApplicant SriBinodDungdung ofBadakaneisaravillageunderKulundiGP

    who isthe labourer saidthat HemantBehera,aconractor of hisvillage who hasnotpaid his

    dueshas threatened himtowithdrawRTIApplicationfromtheBlockoffice.Unlesshewithdraws

    theRTIApplication, hewillnotgiveanypayments. Though manyRTIApplicants i.e., thepoor

    labourershave receivedsimilar threats,they feared togivethenameofthepersons whohave

    threatened

    them.

    Discussionwith BDO,Jamankira

    The Team met Michael Tigga, Block Development Officer,

    Jamankira on 30.8.13. Itwas found the block closed due to

    strike inWesternOdishaonissueofestablishmentofpermanent

    bench ofOdishaHighCourt. TheBDOwas found sittingat the

    gateofhisoffice.Hewasappraisedaboutdetailsofnonpayment

    of wages to the labourers in differentNREGAworksince two

    years and halfconstructedwork of check dam asmentioned

    above.BDO said thathehadjoined recentlyandhavingno idea

    abouttheproblem.

    On issuesofnonpaymentof farmpondbeneficiaries,he said thatduring theyearof2010and

    2011,therewashugecomplaint about useof machinefor diggingpondintheBlock.Itmaybedue

    tothisreason;thelaborersmightnothavebeenpaid.HoweverIwillinvestigateintoit,hesaid.

    Somekeyissuesandrecommendations

    a. Aspersection3(3)ofNREGA,thelaborersareentitledtogettheirdueswithin7to15daysof the completionof thework.But since last3 years, the labourershavenotbeenpaid.

    During interaction, theBDO saidon assumption thatbecauseof complaints aboutuseof

    machineduring

    that

    time,

    the

    farm

    pond

    labourers

    might

    not

    been

    paid.

    The

    reply

    was

    madetotheBDOthat ifthis isthereasonwhythe labourerswerenot intimatedabout it.

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    Had the labourers been intimated about it, they could have approached the appropriate

    authorityforgettingjustice.However,theTeam recommendstoStateGovt. anddistrict

    administration toenquire intoallallegationsofnonpaymentofthedues tothe labourers

    andensuretheirduesattheearliest.

    b. Itwasfound thatneither Jobcardnorbankpassbook isavailablewiththe labourers.TheGRS, Gram Sathis and some contractors have taken it and kept with them formonthstogether.Thismatterneeds tobe investigated and stringent action tobe taken against

    themandensuretoreturnthepassbooktothelabourers.

    c. TheCheckdamwhichwas sanctioned in2011underNREGAhasnotbeencompleted.Onspotverification,itwasfoundthathardly25%oftheworkhasbeencompleted.Thepeople

    arenot aware about the reasonofpostponementofwork.Themandateof theAct is to

    ensure water conservation and irrigation facility for the people. But this objective is

    defeatedhere. So,theteamrecommendstoSateGovt. toenquireintothematterandtake

    stepstocompletethecheckdamattheearliest.

    d. Inordertoresolvetheirproblemandtoknowmoreaboutfactofthe issues,the labourersareusing RTI toaccess the information.But thePIOdenies the information.Even itwas

    complained bythepeoplethat thePIOisdiscouraging themtosubmitRTIApplication. A

    numberofcomplaintcaseshasbeen filed intheofficeofOdisha InformationCommission.

    As per point no. 16 and 17 of the Schedule1 of the Act and provisions under subject

    TransparencyandAccountabilityofOperationalguideline issuedbyCentralGovt., allthe

    documentslikeMusterRoll,detailsofexpenditurewillbekeptopenforpublicinspectionin

    theofficeofGramPanchayatandBlock. But nodocumentisavailableforpublicinspection

    even after 8 years since implementation of the Act in the state. Had it been done, the

    labourers couldhavegot informationabout the reason fornonpaymentandapproached

    appropriate

    authority

    for

    justice.

    It

    is

    recommended

    to

    State

    to

    direct

    all

    the

    Block

    and

    GP

    offices ingeneralandBDO,jamankiraBlock inparticular tomakeavailableall theNREGA

    relateddocumentsinpublicdomain.

    e. The State Govt. has framed a Rule calledMahatma Gandhi National Rural EmploymentGuarantee (GrievanceRedressal)Rules in2010.UnderthesaidRule,complaintFormhas

    beenprescribed forthepeople to file thecomplainonthe issuesofcorruption, financial

    discrepancy , denial ofwage etc. But astonishingly, the said form is not available in any

    office.There isnosuchmassiveawarenesscampaigntoeducatethepeopleaboutthesaid

    Rules. The labourers are also seen not aware about the form and procedure for filling

    complaints.So it is recommended to stateGovt. to take steps to ensure availabilityof

    Complaint

    Form

    A

    and

    C

    in

    all

    the

    offices.

    and

    organize

    massive

    awareness

    programme

    involvingNGOs onthesaidRules.

    f. . Thereportofanyenquiryoractiontakenornoactiontakenonourrecommendationmaybeintimated [email protected]

    RighttoFoodCampaign,Odisha,PlotNo.316,SailashreeVihar,PostC.S.Pur,Bhubaneswar.

    TeamMembers

    PradipPradhan TapanPadhi SushilMarishTirkey

    M99378

    43482

    M

    94376

    35267

    M

    94396

    36115