CitizensMonitoringReportonMGNREGA (JamankiraBlockofSambalpurdistrict,Odisha)

Everyday,Massmediacoversnewsaboutlargescalecorruption,irregularities,falseentryinmuster rollsanddelayedpaymentstothelabourersinNREGAworkinthestate.Asifthecorruptionhasno end in implementation of NREGA in Odisha. But it is seen that the State Govt. always remain in denial mode. However, the Govt. has taken various steps like introducing toll free number, framing Grievanceredressalrules,onlinefillingofcomplaintsetc.tocheck corruptionandensureeffective implementation of National Rural Employment Guarantee Act. On the other hand, it is alleged that the system developed by Govt. has not helped the poor labourers to get justice. Being frustrated over the manner of the implementation of NREGA work, long delay in payments, contractorraj, denial of wages, the poor labourers do not have choice but to leave the work forever. The common 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 are willing to do unskilled manual work. The basic objective of the Act is to enhance livelihood security in rural areas by providing at least 100 days of guaranteed wage employment. This work guarantee also serves other objectives: generating productive assets, protecting the environment, empowering rural women, reducing ruralurban migration and fostering social equity, among others. To achieve the objectives of the Act, the State Govt. has been implementing a lot of programmes like Mo Pokhari, Farm Pond, construction of check dam, landleveling etc. for providingemploymenttothepeopleanddevelopingruralinfrastructure. To understand real situation at grassroot level in respect of implementation of work under NREGA, extent of involvement of the people and response of the officials involved in the programme, a 3 member team of Right to Food Campaign, Odisha ( Statelevel Forum working on food security issues)hadvisitedJamankiraBlockofSambalpurdistrict,Odishaon29thand30thAugust,2013. The team members are Sri Pradip Pradhan, Sri Tapan Padhi and Sri Sushil Marish Tirkey. Jamankira Block is most undeveloped block with presence of sizeable tribal population. Almost all development programme and tribal development programme are undertaken for soci0 economic development of tribals in the block. During two day visit, the Team interacted with the common people, the labourers (Job card holders), Panchayat representatives, Gram Sathi of three GPs like Jamankira, Mundenpali and Kulundi and Block Development Officer aboutimplementationofNREGAintheirareas.

On 29th August, the team visited Mundelpali and Kulundi Gram Panchayat to collect information directly from the people about implementation of NREGA work. The team interacted with a groupoflaborersandwantedtoknowfromthemabouttheworkundertakenintheirvillages.All of them made a series of complaints about nonpayment of their wages in farm pond work under NREGA, harassment caused to them by Panchayat Executive officers and Block officials. Most of them are farm pond beneficiaries who were issued work order to dig farm pond in their own land in 2010 and 2011. Farm pond is a scheme under NREGA as an initiative for developing infrastructureforconservationofwaterwhileprovidingemploymenttothepeople.

 Thoughtheyhadvisitedseveraltimesrunningfrompillar to post to Panchayat and Block office for settlement of their wages since last 3 years, the officials had kept on themselves giving false assurance for payment. The details of nonpayment of wages to the Farm pond beneficiariesareasfollows. Sl # Status ofwork Estimated budget Received amount Amount pending

Gram Yearof Nameandaddress Panchayat Work ofthe order Beneficiary/Commu issued nity 1 RadheshyamSalma, 2011 Ghusragudavillage Mundenp ali 2 ParbatiPradhan, Do 2010 Sardabahalvillage 3 KrustanCh.Bag, Saradabahalvillage 4 UjalMunda, Sardabahalvillage 5 AswaniBhoi, Sardabahalvillage 6 BhagabatMirdha, Ghosaragada 7 Pyarimohan Mohapatra,Saplat village 8 KarulusEkka,Budhi Kutunivillage 9 BhagabatiaKishan, Budhukutunivillage DO 1.2.22010

Complet ed Complet ed Complet ed Complet ed Complet ed complet ed complet ed complet ed Complet ed

50,000/

18000/

32000

50,000/ 50,000/

18048/ NO

31952/ NO

DO Do DO DO

2011 5.6.10 2010 26.8.2010

50,000/ 50,000/ 50,000/ 50,000/

NO NO 18,048/ 18,048/

No NO 31,952/ do

Kulungi DO

1.5.2010 2010

50,000/ 50,000/

No NO

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 construction works since few months. The contractors have been engaged in all the works. It was also found that the Job Cards and bank passbook of the labourers are not with them but at the disposal of contractors, Gram Rojgar Sewaks and Gram Sathis. Some labourers also complained that the contractors withdraws money from their account by putting false signature in the withdrawal form showing their pass books.Thedetailsofcomplaintabouttheworkareasfollows.

 Nameofwork Construction of road from Gopikata to Ghusraguda under Mundenpali Gram Panchayatin201213

Road construction work fromBengtaltoBanmal in 2013 with sanctioned amount of Rs. 8 lakh under KulundiGP Roadconstructionfrom MahulmundatoNH6 underKulundiGP Road construction from NH6 to Gantiapada ( Badakundeisara village) underKulundiGP

ContentofComplain The work stared since January, 2013. The work has not been completed. 20 to 25 labourers of Ghusraguda village have not been given their payments since six months. AS they are not paid, thework has remained incomplete. Kartik Munda said that he had been paid only Rs.800/ and yet to get Rs. 1200/. A number of labourers have not been paid theirdues.ThoughtheyapproachedtoBlock authorities several times for payment, but in vain.Itwasfoundthattheyhadnotlodged anywrittencomplain.

Complainant KartikaMirdha, GunanidhiMirdha, KartikaMunda

Do

All the labourers presented their problem. But the labourers who vociferously spoke were Robet Tappo, obeas Kerketa DO

This work was sanctioned in 2010. 40 DO labourers were involved in road construction work. Sri Jagadish Behera, Panchayat Samiti Member is the contractor engaged for this work. He did not pay their dues. Due payments for each labourer which have not received ranges from Rs. 5000/toRs.7000/. This work was stopped in 2010 and again started in December, 2012. Samething happened. Though six months passed, 20 labourershavenotbeenpaid. Jagadish Behera has kept pass book of all labourers.

3.Nonpaymentofwagestolabourersintheworkformangoplantation The work for planting mango seedlings under NREGA is going on by the Dept. of Horticulture in between Banamal to Badakaneisara village under Kulundi Gram Panchayat. Around 50 laborers have been engaged in this work. But though 20 days passed, the laborers have not been paid. NabinKishanhasbeenappointedasMunshiwhoisresponsibleforpayments.Gettinginformation about complaints lodged by the labourers to the Team, he has threatened them of dire consequence. 4.Halfconstructionofcheckdam. The Team visited Durgadihi village of Jamankira Gram Panchayat on 30.8.13 and came across a half constructed checkdam over a small stream flowing on the left side of the village. During visit, It was raining heavily. However, the villagers accompanied the team to the spot. The team found a displayboardaboutthework.ThisisaNREGAworkundertakenunderZillaParishadfundin201112 with sanctioned amount of Rs. 5 lakh. Approximately 25% of the construction work has been completed.Sincelasttwoyears,thecheckdamhasbeenlefthalfconstructed.

Duringinteractionwiththevillagers,theysaidthattheydidnot have idea about the reason for postponement of the work and amount of fund already spent for the work. Ward Member said that he had appraised and requested the BDO several times to completethework,butinvain.

MeetingwithPanchayatRepresentatives They tried to meet Sarapanch and Panchayat Executive Officers of Mundenpali Gram Panchayat but found their office closed at 12 noon. However, the team met Basanti Mirdha, Sarapanch of Kulundi GP and waned from her about nonpayment of wages. She expressed her ignorance about it. Thoughbthis work is being undertaken directly by block, szhe has not been appraised about the work undertaken in her jurisdiction from the Block office.zzzz ShenarratedherstoryofhelplessnessasSarapanchandnofileor documentisshowntoherbythePanchayatExecutiveOfficer. PhysicalthreatstoRTIUsers Findingnopaymentsoftheirdues,manylabourershaveusedRTItogetthedetailsofinformation fromtheofficeofBDO,JamankiraBlock.Theyhavenotgotanyinformationthoughstatutorytime limit has got passed. Finding no information, they have filed complaints to Information Commission seeking justice. One RTI Applicant Sri Binod Dungdung of Badakaneisara village under Kulundi GP who is the labourer said that Hemant Behera, a conractor of his village who has not paid his dues has threatened him to withdraw RTI Application from the Block office. Unless he withdraws the RTI Application, he will not give any payments. Though many RTI Applicants i.e., the poor labourers have received similar threats, they feared to give the name of the persons who have threatenedthem. DiscussionwithBDO,Jamankira The Team met Michael Tigga, Block Development Officer, Jamankira on 30.8.13. It was found the block closed due to strike in Western Odisha on issue of establishment of permanent bench of Odisha High Court. The BDO was found sitting at the gate of his office. He was appraised about details of nonpayment of wages to the labourers in different NREGA work since two years and halfconstructed work of check dam as mentioned above. BDO said that he had joined recently and having no idea abouttheproblem.

On issues of nonpayment of farm pond beneficiaries, he said that during the year of 2010 and 2011,therewashugecomplaintaboutuseofmachinefordiggingpondintheBlock.Itmaybedue tothisreason;thelaborersmightnothavebeenpaid.HoweverIwillinvestigateintoit,hesaid. Somekeyissuesandrecommendations a. As per section 3(3) of NREGA, the laborers are entitled to get their dues within 7 to 15 days of the completion of the work. But since last 3 years, the labourers have not been paid. During interaction, the BDO said on assumption that because of complaints about use of machine during that time, the farm pond labourers might not been paid. The reply was made to the BDO that if this is the reason why the labourers were not intimated about it.

Had the labourers been intimated about it, they could have approached the appropriate authority for getting justice. However, the Team recommends to State Govt. and district administration to enquire into all allegations of nonpayment of the dues to the labourers andensuretheirduesattheearliest. b. It was found that neither Job card nor bank pass book is available with the labourers. The GRS, Gram Sathis and some contractors have taken it and kept with them for months together. This matter needs to be investigated and stringent action to be taken against themandensuretoreturnthepassbooktothelabourers. c. The Checkdam which was sanctioned in 2011 under NREGA has not been completed. On spot verification, it was found that hardly 25% of the work has been completed. The people are not aware about the reason of postponement of work. The mandate of the Act is to ensure water conservation and irrigation facility for the people. But this objective is defeatedhere.So,theteamrecommendstoSateGovt.toenquireintothematterandtake stepstocompletethecheckdamattheearliest. d. In order to resolve their problem and to know more about fact of the issues, the labourers are using RTI to access the information. But the PIO denies the information. Even it was complained by the people that the PIO is discouraging them to submit RTI Application. A number of complaint cases has been filed in the office of Odisha Information Commission. As per point no. 16 and 17 of the Schedule1 of the Act and provisions under subject Transparency and Accountability of Operational guideline issued by Central Govt., all the documents like Muster Roll, details of expenditure will be kept open for public inspection in theofficeofGramPanchayatandBlock.Butnodocumentisavailableforpublicinspection even after 8 years since implementation of the Act in the state. Had it been done, the labourers could have got information about the reason for nonpayment and approached appropriate authority for justice. It isrecommended to State to direct all the Block and GP offices in general and BDO, jamankira Block in particular to make available all the NREGA relateddocumentsinpublicdomain. e. The State Govt. has framed a Rule called Mahatma Gandhi National Rural Employment Guarantee (Grievance Redressal ) Rules in 2010. Under the said Rule, complaint Form has been prescribed for the people to file the complain on the issues of corruption, financial discrepancy , denial of wage etc. But astonishingly, the said form is not available in any office. There is no such massive awareness campaign to educate the people about the said Rules. The labourers are also seen not aware about the form and procedure for filling complaints. So it is recommended to state Govt. to take steps to ensure availability of Complaint FormA and C in all the offices. and organize massive awareness programme involvingNGOsonthesaidRules. f. . The report of any enquiry or action taken or no action taken on our recommendation may be intimated in the mail foodrightsodisha@gmail.com or to our campaign Postal Address RighttoFoodCampaign,Odisha,PlotNo.316,SailashreeVihar,PostC.S.Pur,Bhubaneswar. TeamMembers PradipPradhan M9937843482

TapanPadhi M9437635267

SushilMarishTirkey M9439636115