OMBUDSPERSON SHOULD CALL A REPORT FROM AN EXPERT, REQUIRED FOR THE SATISFACTORY DISPOSAL OF SPOT INSPECTION, AND GUIDELINES FOR THE PURPOSE.
As for as the duty and responsibility of the Ombudsperson is concerned no one is satisfied with the work done by the Ombudsman appointed by the state governments in this behalf.The Ombudsperson is required to conduct or may conduct a spot investigation in case found necessary,to enable the matter to be disposed of satisfactorily,or ask for a report from a MGNREGA functionary and based on a spot visit.In case the state government issues guidelines for the purpose,he may also call for a report from an expert . Normally a spot investigation should be done with advance notice to all parties and to the local Gram Panchayat,and presence of parties recorded on a separate 'soot investigation summary ' to be prepared by the Ombudsman on the spot and signed by any of the parties who wish to do so . However, if the Ombudsman is of the view that a surprise inspection is essential to elicit the correct position,he may do so after informing the programme officer of the general location of the spot inspection, In all such cases ,he shall in his 'spot inspection summary 'record the details of persons actually present and shall invariably take photographs of the site and of the persons present and attach a print out with the spot investigation summary.In case a spot investigation was done, copy of the spot investigation summary shall also be attached to the report of the Ombudsman. Ombudsman shall attend the public hearing of social audit as for as practicable and suo moto take on file all cases where due entitlements are not provided for disposal as per guidelines issued by the Krishi Bhawan New Delhi on 23-12-2021 .In case if the facts are not admitted by the parties Ombudsman may pass an Award after affording the parties reasonable opportunity to present their case.Ombudsman shall be guided by the evidence placed before him /her by the parties, the reports of the social audits ,if any,the provision of the MGNREGA Act and Scheme and practice, directions,and instructions issued by the state government or the central government from time to time and such other factors which in his / her opinion are necessary in the interest of justice. In case when facts of the case are admitted by the parties,the Ombudsman shall dispose off the case in accordance with the requirements of the MGNREGA Act , rules and the Guidelines.
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