Legal Mandate for Social Audits (SA) under MGNREGA Audit of Scheme Rules, 2011 drafted in consultation with the C&AG that mandate the following:
• SAs to be conducted by Gram Sabha
• SAs of works taken up under the Act in every Gram Panchayat at least once in 6 months • Setting up of a Social Audit Unit that is “independent from the implementing agency” to facilitate conduct of social audits • Unit to develop a calendar at the beginning of the year for roll out of SAs, in consultation with State Governments • Identification of Village Social Audit Facilitators from families of MGNREGA workers to facilitate social audit • Provision of records to SA team 15 days prior to the Gram Sabha • SA team to collate records and conduct 100% door to door beneficiary and work verification • Social Audit Gram Sabha (cannot be chaired by anyone involved in implementation) where findings of social audit verification are read out in public and deviations recorded • Social Audit Gram Sabha open to all citizens and to be attended by Implementing Agencies • State Government responsible to take follow up action on findings of the social audit • SA report to be forwarded to C&AG and Central Government by the State • Central Government to lay SA Report in each House of Parliament • Costs of social audit met by Central Government Key Steps in the SA Process • Identify scope of audit • Full access to all information prior to social audit, with enough time for assimilation and verification • Dissemination of information • Social Audit Gram Sabha: Obligation on officials to be present and answer queries • Social Audit outcomes to have legally sanctioned implications • Time bound follow up on grievances/irregularities identified in social audit Social Audit Unit • State Government to set up a Social Audit Unit that is independent from the implementing authorities:
- Not located in the Department that is implementing
MGNREGA
- Has an independent bank account
- Has a full time Director who is not involved in the
implementation of MGNREGA Calendar for Social Audit • SAU to frame a calendar for how social audits will be rolled out in all/selected Gram Panchayats of the State
• Calendar communicated to all District Programme Coordinators
ofr provision of records and notification of the Gram Sabha VSA Selection VSA Classroom Training VSAs consolidating the records Field Verification during Social Audit process Field Verification Worksite Verification Social Audit Gram Sabha– Reports being read out Labourers testifying in Gram Sabha Labourers testifying in a Social Audit Gram Sabha Sample of Social Audit Gram Sabha Report Non negotiables of the Social Audit Process • Conducted with the youth from stakeholder households (not by Govt officials) • Trained in reading records (role of facilitators) • Furnishing records in full shape (Govt to take action against officials who do not share records) • Non-interference by Govt in the process (only enable, protect) • Govt to take action on the recommendations and submit action taken reports Essential elements- social audit forum • Convening • Periodicity • Presiding • Quorum • Participation • Presenting information • Taking decisions • Recording • Follow up
Rights-Based Legal Guarantee As Social Protection Framework A Discussion On The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), India
George Clower, Trustee in Bankruptcy of The Estate of Sinton Plumbing & Supply Company, Inc. v. First State Bank of San Diego, Texas, 343 F.2d 808, 1st Cir. (1965)