FUNCTIONING OF THE (THREE MEMBERS) APPELLATE AUTHORITY , DECIDING THE COMPLAINTS AND APPEALS (AWARDS) .

The Appellate authority for MGNREGA consisting three senior most members will be the Chairperson.The chairperson will allocate works (appeals) among members , including him /herself for consideration and report to the authority.Work of chairperson and members of the appellate authority is in the nature of pro-bono public service and no post is to be created . Chairperson and members of the appellate authority will be entitled to get Rs 1500/-as sitting fee with an upper limit of rupees 30,000/-in a month.Sitting means per day functioning, irrespective of number of cases handled and it's duration in terms of working hours.State government may pay in additional amount,over and above the sitting fee prescribed by the Ministry,from its own financial resources.A sitting could be for a full day or part .For office work, the appellate authority shall operate from the premises of the state Nodal department implementing MGNREGA and necessary logistics and administrative support will be provided by the office of Secretary/Commissioner MGNREGA.TA/DA at rates admissible to class -1officers of the state government may be allowed .State government may provide vehicles from its local pool to the Appellate authority for official purpose as per the need .However, no new vehicles can be purchased for the use of Appellate authority from MGNREGA fund.In case of travel by Chairperson or member of appellate authority in his / her own or hired vehicle for official purpose. State government concerned may reimburse the cost of travel , including the waiting charges .State government may fix the rates for purpose.Parties aggrieved by the awards of Ombudsman must make a signed written statement/appeal to the Appellate authority with in 15 days of the submission of such findings with a copy of awards and recommendations by Ombudsperson.The appellate authority shall dispose an appeal with in two months from the date of receipt.All decisions of the appellate authority on Appeals against the awards of Ombudsman will be taken by all three members together.In case of lack of consensus,all decisions will be made by majority of the three , including the chairperson.Decision of the appellate authority shall be final and bindings on the original parties of the case and on the Ombudsman concerned.It will be the responsibility of the principal Secretary! Secretary nodal Department to enforce the decision of the appellate authority.A representative of the programme officer/District programme coordinator may appear in cases where the programme officer/ District programme coordinator is a party unless there is clear personal failure. All cases not involving complicated questions of fact or law shall be disposed of by the Ombudsman with in fifteen days from the date of receipt of complaint,other cases may be disposed of with in sixty days.In any proceeding before the Ombudsman,if the facts reveal a case of illegal gratification,bribery or misappropriation and the Ombudsman is satisfied that the case is fit for further investigation by an appropriate court of law ,the same shall be referred by the Ombudsperson to the authority competent to sanction criminal prosecution of the persons involved in the case who shall take action in accordance with prescribed procedures.Representation of parties by advocates is not permissible.