MGNREGS Grievance Redressal Rules

GOVERNMENT OF TELANGANA
ABSTRACT

PR&RD Department - Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) - Department of Rural Development - Telangana State – Grievance Redressal Rules – Orders- Issued.

PANCHAYAT RAJ & RURAL DEVELOPMENT (RD) DEPARTMENT

G.O.Ms.No. 40 Dated:

13-06-2017

Read the following:-

1. The National Rural Employment Guarantee Act 2005.
2. G.O.Ms No 550, PR&RD (II) Dept, Dated: 06-12-2007.
3. G.O.Ms.No.27, PR& RD (RD-II)Dept, Dated: 28-01-2006.
4. G.O.Ms.No.80, PR&RD (RD-II), Dept, Dated:22-03-2006.
5. From the Joint Secretary (MGNREGA), GoI, MoRD, MGNREGA Division, New Delhi, Dt:10-03-2017 & 11-04-2017.
6. Govt.Memo.No.2886/RD/A2/2017-1, Dt:30-03-2017.
7. From the Commissioner, Rural Development, Telangana, Hyderabad, Lr.No.540/ EGS/PM (GR)/2011, Dt:17-04-2017).

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ORDER:

Whereas, the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Act No.42 of 2005) provides legal guarantee of at least one hundred days of wage employment in a financial year to a rural household, whose adult members volunteer to do unskilled and manual work;

2.   And whereas, to implement the said Act a scheme has been formulated and notified under reference 2nd read above, under which, any applicant can file an application seeking employment under MGNREGS in accordance with the Act. Based on the application by the applicants, works are allocated and musters are issued for commencement of work. At the end of the week, the muster is closed and after taking measurements by the technical team, payments are generated and are transferred to the individual beneficiary accounts electronically. The wage amount will be paid to the accounts of individual beneficiaries through the concerned banks or through postal department;

3.    Whereas section 19 of Chapter IV of the said Act, the State Government shall, by rules, determine appropriate grievance redressal mechanisms at the Block level and the district level for dealing with any complaint by any person in respect of implementation of the Scheme and lay down the procedure for disposal of such complaints/grievances;

4.    Now therefore, the Government of Telangana State hereby formulates Telangana State MGNREGS Complaint and Grievance Redressal Rules and they shall come into force from the date of publication in the Official Gazette.

NOTIFICATION

In exercise of the powers conferred by clause (d) of sub-section (2) of section 32 read with section 19 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act 42 of 2005), Government of Telangana hereby make the following rules, namely:-

1.    Short Title:

1. These rules may be called “Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) Complaint and Grievance Redressal Rules, 2017”.
2. They shall come into force on the date of their publication in the Telangana State Gazette.

Contd. Page. 2.

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2.    Definitions:

1. In these rules, unless the contest otherwise requires, the following definitions shall apply:
   1. “Act” means the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act 42 of 2005).
   2. “Additional District Program Coordinator” (Addl. DPC) means the District Rural Development Officer (DRDO) of District Rural Development Agency(DRDA) in the District.
   3. “Assistant Project Director” (APD) means an officer who is designated as a complaint redressal officer at Cluster level.
   4. “Chief Vigilance Officer” means the Chief Vigilance Officer (CVO) who is a designated officer by the State Program Coordinator.
   5. “Complaint” means any matter referred directly or indirectly, written, signed (and enclosed with complete identity) to the programme Officer suggesting a shortcoming in the implementation of the MGNREGA, including any grievance communicated to him/her through writing, Complaint Register, Helpline, Social Audit or other modes, will be deemed a “complaint” under Section 23(6) of the Act.
   6. “CGRMS” means Complaint & Grievance Redressal Management System.
   7. “District Complaint Redressal Officer” means a designated officer at the district level by State Program Officer and herein referred as D.C.R.O.
   8. “District Program Coordinator (DPC) of MGNREGS” means the District Collector.
   9. “Field Assistant” is the person assigned with the implementation of MGNREGS at Gram Panchayat level.
   10. “Gram Panchayat Complaint Redressal Officer” means an officer appointed at Gram Panchayat level who is designated as complaint redressal officer herein referred as G.P.C.R.O.
   11. “Mandal Complaint Redressal Officer” means the Program Officer who is the designated officer at Mandal level herein referred as M.C.R.O.
   12. “Project Officer, ITDA” means an officer who is designated as Complaint Redressal Officer for Tribal Areas.
   13. “Rural Development Call Centre” means an online platform providing end to end solution for Grievance Redressal hereafter called as R.D.C.C.
   14. “Scheme” means the Mahatma Gandhi National Rural Employment Guarantee Scheme (GOMs.No:550, PR&RD(II) Dept, Dated 6th December, 2007).
   15. “Social Audit” is an ongoing process through which the potential beneficiaries and other stakeholders of an activity or project are involved at every stage - From the planning to the implementation, monitoring and evaluation. This process helps in ensuring that the activity or project is designed and implemented in a manner that is most suited to the prevailing local conditions, appropriately reflects the priorities and the preferences of those affected by it and most effectively serves public interest.
   16. “State Program Coordinator” means the Commissioner Rural Development, Government of Telangana.
   17. “State Complaint Redressal Officer” is the designated authority at the State level by Commissioner, Rural Development / State Program Coordinator.
   18. “Toll Free Number” means a toll free facility provided by State Government to register and redress complaints/grievances telephonically (1800-200-1001).
2. All the words and expressions used in these rules and not defined but defined in the Act shall have the same meaning assigned to them in the Act.

Contd. Page. 3.

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3.    Complaint and Grievance Registration:-

1. The complaints/ grievances shall be received at Gram Panchayat level, Mandal level, District level and at State level with due acknowledgement.
   1. Gram Panchayat level: Complaint Register is maintained by Field Assistant where the complaint can be in oral or in written format. A Complaint Box is maintained in the office of Gram Panchayat.
   2. Mandal level: Complaint Register and a Complaint Box are maintained in the office of MPDO/Programme Officer, MGNREGS.
   3. District level: Complaint Register and a Complaint Box are maintained in the office of the District Rural Development Officer(DRDO)/Addl.DPC, MGNREGS.
   4. ITDA level: Complaint Register and a Complaint Box are maintained at district level in the office of Addl. DPC/Project Officer, ITDA.
   5. At State Level: The State Complaint Redressal Officer shall maintain records of the complaints/grievances received through various forms. The SCRO shall enter all the complaints/grievances into RDCC website.
   6. Modes of filing complaints/ grievances:Complaints may be filed by all of the following modes:
      1. Complaints/grievances in any form, written, oral and web will be registered from any person providing the details of the grievance. The complaints/grievances logging format is given in the Annexure-I.
      2. Complaint to the GRO at the GP, Block Level and the District Grievance Redress Officer at any level in person, which shall be recorded in writing by concerned individual.
      3. To the concerned GRO in writing.
      4. Complaint through helpline
      5. Complaint through online portal
      6. Complaints forwarded through Social Audit Unit (SAU) and Vigilance and Monitoring Committees.
      7. Complaints filed by Information and Facilitation Centres, and
      8. any other mode as decided by the State Government.

Contd. Page. 4.

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7.   All complaints/grievance registered shall be given a system generated unique ID/dated receipt immediately.

8.

1. All complaints/grievances received in the prescribed format will be entered into the RDCC website by the concerned officer for redressal on the same day.
2. The complaints/grievance can be also registered through RDCC through telephone or through web.
3. All records related to complaints/grievance which are made orally or in writing shall be maintained electronically at RDCC using templates developed.
4. Complaints/grievance received in the form of letters to the Government will be entered in the prescribed template by appropriate officers designated by Commissioner, Rural Development and District Program Coordinator.
5. Grievances received during the Social Audit of MGNREGS are transferred to RDCC for redressal.
6. All complaints/grievances registered are transferred to RDCC for redressal by appropriate officer as per the guidelines and rules defined herewith.
7. Grievances and complaints/grievances with respect to MGNREGS Telangana may be lodged by any person who is a beneficiary or directly involved in program implementation or any member of civil society or adult person with an intent to bring the misuse of entitlements as envisaged in act is brought to the notice of the State Government.
8. Name and personal information of the Complainant shall be kept confidential and protected.

Contd. Page. 5.

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4.    Redressal of Complaints/ grievances:

1. As prescribed under section 23(6) of the Act and section 24 of the Scheme, all redressal of complaints/grievances will be carried out through CGRMS.nThrough CGRMS and RDCC, the redressal of complaints/ grievances is facilitated.
2. CGRMS and RDCC System and Mechanism – MGNREGS TELANGANA:
   1. All forms of complaints/ grievances shall be registered at RD Call Centre.
   2. The Complaint & Grievance Redressal Management System (CGRMS) uses RDCC platform for registering, redressing and monitoring all forms of complaints/grievances.
   3. The data management and flow will be maintained in on line web portal of
   4. A unique ID is generated for every registered complaint/grievance
3. Rural Development Call Centre :
   1. this call Centre works every day from 8-00 AM to 8-00 PM except on National Holidays.
   2. this call Centre executives receive, register and forwards the grievances to authorities concerned.
   3. After registration, the complaint/grievance is automatically sent to the respective redressal officer through Web and SMS by CGRMS through RDCC.
4. To ensure quality and timely redressal, the State Program Coordinator, MGNREGS shall issue notification for officers to redress the complaints/grievances at Mandal, Cluster, District and State Levels for redressal.
5. the following four (4) levels of officers are designated for redressal and escalation depending on the nature and category of the complaint/grievance for effective disposal.
   1. Level-1: Redressal Officer is Program Officer, MGNREGS at Mandal Level.
   2. Level-2: Assistant Project Director, MGNREGS at Cluster Level.
   3. Level-3: Addl. DPC, MGNREGS at District Level.
   4. Level-4: State Program Coordinator, MGNREGS at State Level.
6. Implementation: Complaint/grievance that falls within the jurisdiction of Level-1 officer, including any complaints/grievances concerning the implementation of the Act by a Gram Panchayat, shall be disposed off by the Program Officer (PO) within seven (7) days.
7. Corruption: In case a complaint/grievance relates to matter involving corruption, financial irregularities, fraudulent practices the concerned complaints/grievances shall be disposed off under the guidance and instruction of C.V.O., M.G.N.R.E.G.S, Rural Development, Government of Telangana shall be disposed within (30) days.
8. Criminal offences:If a complaint/grievance concerns other violations of the Indian Penal Code (IPC) (such as any form of intimidation, violence or discrimination), the Programme Officer shall be responsible for conducting a preliminary enquiry completed within seven (7) working days, helping the complainant to file an FIR and ensuring that the matter is promptly dealt with by the appropriate authorities.
9. Failure to dispose:Failure to dispose off a complaint/grievance within the prescribed time will be considered as contravention of the Act by the redressal officer, punishable under section 25 of the Act. Complaints/grievances against such failure can be lodged with the Appellate Authority.
10. Fines:While disposing off any ‘reference’ or appeal, if the Appellate Authority finds any person guilty of contravention under section 25 of the Act, it shall impose a fine which may extend to Rs. 1,000.
11. Ombudsmen: Where, in disposing off the complaint/grievance, the PO finds that there has been a violation of the law attracting penalties, or where the complainant so desires, a complaint/grievance shall be lodged with the district Ombudsman, who will dispose it off for levying penalties as per section 25 of the Act and the relevant rules and instructions relating to the officer of the Chief Vigilance Office.

Contd. Page. 6.

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5.    Escalation of redressal:

1. If the complaint/grievance is not redressed within the stipulated time of seven (7) working days, the complaint/grievance shall be escalated to higher levels for taking action on the redressal of the complaint/grievance by the concerned officer.
2. If the complaint/ grievance redressed is not approved of the redressal at Level-1 and Level-2, the complaint/grievance automatically escalates to the District Level Officer, i.e. Level-3 officer for taking action on the redressal by the concerned officer.
3. If the district level officer does not approve the redressed complaint/grievance similarly, it automatically escalates to the State Level Officer, i.e. Level-4 officer for taking action on the redressal by the concerned officer.

6.    Satisfaction of the complainant:

1. Satisfaction of the complainant will be of prime concern. So, if not satisfied with the redressal remark/ follow up action taken by the concerned officer the complainant can register his/her complaint/ grievance again with the earlier registered ID and also can register a new complaint/grievance with following the same process.
2. State Program Coordinator, District Program Coordinator, Chief Vigilance Officer can resend the complaint/grievance back to the officer if she/he feels that complaint/grievance is not redressed properly.

7.    Appeals:

1. Appeals by the complainants against the orders of the Programme Officer will lie with the District Program Coordinator, or the State Program Coordinator / Commissioner Rural Development.
2. Disposal of appeals:
   1. The Appellate Authority shall be responsible for disposing off the appeals made by a complainant and “references” made by the Programme Officers.
   2. Based on an appeal or “reference”, the Appellate Authority shall issue a charge sheet and give an opportunity for hearing to the person concerned. All appeals and references shall be disposed off within one month.
   3. Due process: While disposing off an appeal or reference the Appellate Authority shall follow due process, including, giving an opportunity to hear to both the complainant and the person against whom the complaint/grievance is being made.

8.   Monitoring and Review Meetings:

1. To ensure quality, timely disposal of complaints/grievances, monthly review meetings and monitoring mechanisms shall be conducted at all levels.
2. The Cluster Assistant Project Director (Asst. PD), District Complaint/Grievance Redressal Officers and State Complaint/ Grievance Redressal Officers shall monitor timely disposal of complaints/grievances and quality of redressal.
3. The Cluster Assistant Project Director (Asst. PD) shall ensure a detailed online closure report for each one of the complaint/grievance.
4. Mandal Level: On every third Wednesday a review and monitoring of complaint/grievance redressal shall be carried out by the Programme Officer, MGNREGS.
5. District Level: A review meeting of action taken and pendency of redressal on 3rd week of every month shall be carried out by the Additional District Programme Coordinators (Addl. DPCs)/District Rural Development Officer (DRDO) of District Rural Development Agency (DRDA). And selected ‘Telangana NGOs Alliance (TSNA) shall take part in the review meeting.
6. The DPC/District Collector shall be hold a review meeting on 3rd week of every month with the concerned officers for effective reddressal of complaints/grievances within the stipulated time and provide action points for the redressal officers,
7. State Level: Review shall be carried out by Commissioner Rural Development on fourth week of every month wherein the quality of redressal, actions taken on erring officials, improving the CGRMS and RDCC reach out and policy matters shall be taken up.
8. The Grievance Redressal (GR) audit shall be randomly scrutinized during regular social audit

Contd. Page. 7.

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9.    Reporting, Status and Action taken:

1. The Complainant shall be sent a closure report with remarks of redressal officer comments signed by the State Program Coordinator / Commissioner Rural Development.
2. Information leaflets will be sent to the Gram Panchayat on action taken on the complaint/grievance.
3. Monthly reports on the progress of complaint/grievance redressal of every mandal are prepared by RDCC.
4. Annual reports are published on the redressal mechanisms and action taken by the Department.

10.   Information and Publishing of Grievance Mechanism:

1. The Commissioner, Rural Development shall issue the detailed guidelines to the field functionaries from time to time and shall take steps in propagating the complaint/grievance redressal mechanism on continuous basis for effective implementation of the scheme.

5.   A copy of this order is available on the internet and can be accessed at the address http://goir.telangana.gov.in/

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

VIKAS RAJ

PRINCIPAL SECRETARY TO GOVERNMENT(FAC)

Contd. Page. 8.

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To
The Commissioner, Rural Development, Telangana, Hyderabad.
The Director, SSAAT, O/o Commissioner, RD, Telangana, Hyderabad.
All the District Collectors and DPC, MGNREGS 30 Districts through CRD. All the District Rural Development Officers of DRDAs & Addl. DPC, MGNREGS 30 Districts through CRD.
All the Chief Executive Officers, ZPs & Addl.DPC, MGNREGS 30 Districts through CRD.
All the Project Officer, ITDA and Addl.DPCs of Eturu Nagaram (Warangal), Bhadrachalam (Khammam), Utnoor (Adilabad), ITDA(PTG-Chenchu) Areas, Mannanoor through CRD.
Copy to:
The Prl. Secretary, Finance (W&P) Dept., Telangana, Hyderabad.
The Prl. Secretary, Irrigation (I&CAD), Telangana., Hyderabad.
The Prl. Secretary, Tribal Welfare Dept., Telangana, Hyderabad.
The Prl.Secretary, Women Development and Child welfare, Telangana, Hyderabad
The Prl. Secretary, R&B, Telangana, Hyderabad.
The Prl. Secretary, EFS&T Dept., Telangana, Hyderabad.
The Prl. Chief Conservator of Forests, Telangana, Hyderabad.
The Chief Executive Officer, SERP, Telangana, Hyderabad.
The Commissioner, Panchayat Raj, Telangana, Hyderabad
The CEO, TSIPARD, Rajendranagar, Hyderabad.
The Commissioner, Tribal Welfare, Telangana, Hyderabad.
The Engineer-in-Chief, Panchayat Raj Dept., Telangana, Hyderabad
The Engineer-in-Chief, Irrigation Dept., Telangana, Hyderabad
The Chief Engineer, Tribal Welfare, Telangana, Hyderabad
The Spl. Officers of MGNREGS-Telangana Districts, Telangana, Hyd., through CRD The Secretary, MGNREG Council, Telangana, Hyderabad
The Superintending Engineers of Panchayat Raj of MGNREGS - Telangana Districts through CRD.
The Superintending Engineers of Irrigation Dept., of MGNREGS- Telangana Districts through CRD.
The PS to Minister (PR&RD), Telangana, Hyderabad
The PS to Minister (TW), Telangana, Hyderabad
The PS to Secretary to Hon’ble CM, Telangana, Hyderabad
The PS to CS & Spl.CS (PR&RD), Govt of Telangana, Hyderabad The PR&RD (Gen) Dept., (2 copies)
The Law (C) Department, Telangana State Secretariat, Hyderabad.
SF/SC.

//FORWARDED::BY ORDER//

SECTION OFFICER

Contd. Page. 9.

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(Annexure to G.O.Ms.No.40 , PR&RD (RD) Department, Dt:13-06-2017)

Annexure-I
(Under Rule 3)
Government of Telangana
Complaint & Grievance Redressal Management System (CGRMS)

COMPLAINT LOGGING FORM

1. Name(*):______________Father/mother/Spouse Name(*):__________
2. Date of Birth:___________Age(*):__________
3. Gender (*Male/Female):__________
4. Caste:__________________Sub-Caste:___________
5. Contact Number(*):_____________________
6. Address(*):House Number:___________Street Name______________
7. Village__________GP____________Mandal__________District_____
8. Job Card Number (for MGNREGS worker): ________ _____ ______
9. ID of Citizen Proof (If not an NREGS worker, please give the Voter card/Passport Number/Ration Card Number/Aadhar card No.):_______
10. Type of Complaint Registered (Voice, Web, Others):_______________
11. Nature of Complaint/grievance(*)
    1. Entitlements of Wage Seeker: Applying for Job card, Not issuing Job cards, Not opening of accounts in banks and post Office, demand for work application are not accepted, demand receipt not issued for our application, demand application submitted for work, but work not allotted, not accepting application for providing works, Not opening works, Not giving pay slips, Not providing work site facilities; Individual House Hold Latrines, and Others.
    2. Work Related: Measurements not taken, less wages, Lands not taken for development, Telanganaku Haritha Haaram, Horticulture and Plantations and others.
    3. Payments through Postal Dept: Non enrolment of the biometric system, Delay in payments (weeks), Non Payment of wages, corruption by Customer Service Provider (CSP), Branch Post Office (BPO) or any other, Others-any payment related by Postal Department.
    4. Payments (Wages, Material, Horticulture, Plantation): Denying payments, delay payments, non-payment, and any others.
    5. Other Payments Issues:Postal Payments, Denial of Payments, Others.
    6. Corruption: All corruption related issues.
    7. Social Audit: Complaints/grievances on social audit teams.
    8. Disability: Disability issues in MGNREGS.
    9. Convergence Departments: Tribal Welfare Department, Panchayat Raj Department works, Forest Department Works and others.
    10. Other issues (like social discrimination, gender bias, gender based violence during work, selection of work, payments etc.)
12. 12. Details of Complaint/grievance:________________________________ (P.T.O)
13. 13. Whether the complaint/grievance was lodged earlier Yes/No _________
14. 14. If Yes, what was the action taken? Give details (date, complaint registration number, to which the complaint/grievance was registered, against whom the complaint/grievance was registered): ________________________

Contd. Page. 10.

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Acknowledgement>

Receipt for complaints / grievances under MGNREGS Complaint and Grievance Redressal Rules, 2017.

Received from Sri/Smt________________ Complainant of Village__________, Gram Panchayat________ Mandal_____________ District__________a grievance/ complaint, relating to ____________________________________under MGNREGS for redressal.

Signature of Designated Official
Designation;
Seal:
Date:

Seal of Office
Date:

//FORWARDED::BY ORDER//

SECTION OFFICER

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