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The Appellete Authority (RTI), Deputy Director (Panchayat), Collectorate, Kollam.

Sub: Appeal to appellate authority based on the RTI reply from Mayyanad Gramapanchayat.

We believe we have been denied information which has been sought from the Secretary, Mayyanad Gramapanchayat. Against the question which has been asked we are inputting our needs & answers for your perusal & due consideration. Please see below against Janasakthi name as (Janasakthi>>).

Also we requested information in electronic form as per the below mentioned clauses of the act. I trust that was not the essence of the reply, request that full compliance has to be met. We would be happy to receive all such documents in electronic form where ever possible. Gramapanchayat secretary’s reply is also attached here with.

Section 2i(d): any other material produced by a computer or any other device;

Section 2j(iv), obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

Section 2(f): “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

Moreover it appears to us from the answers and the happenings on the ground, there is a deliberate attempt to falsify and deny the information. This information was not answered and its violation of RTI Act.

1.Provide the up-to-date total number of job card holders under MGNREGA scheme ward wise.

Janasakthi>> We are not convinced that these are up to date. Under MGNREGA all able bodied persons who are willing to work should be registered. Example ward number 3 with 0 job cards and ward number 20 with 2 job cards appear to be abnormal. Need clear answers on the criteria applied to selectively choose the given number of people.

2.How many persons have been denied registration/job cards under MGNREGA stating the reason since the inception of MGNREGA & the relevant number & date of the Panchayat committee decision for the same?

Janasakthi>> Given the number of job card holders as per Q.1, we have to conclude that application or enrollments are not progressing and the numbers are very minimal. So earnest effort has not been taken to register eligible members of the community and partisanship approach has been adopted in this process. Hence the answer is not satisfactory, justification on the claim that no application was denied is false. Moreover the Panchayat Committee has not taken earnest effort to register maximum number of eligible card holders in the entire panchayat. This needs to be looked into in detail.

3.Provide a copy of the approved annual action plan with budget for MGNREGA for the year2011-12 ward wise.

Janasakthi>> This has to be provided in electronic form.

4.Whether any order (central/state) restricting registration of labourers under MGNREGA is in force, if so provide a copy.

Janasakthi>> As per the answer provided given that no order is in place restricting fresh enrollment under MGNREGA, then it begs the question why are no fresh registrations taking place? Moreover given the number of registered job card holders are very few and in fact zero in certain wards the answer is not convincing. Still incoming applications for enrollment are not entertained citing the time is not yet come. We believe this against the act enunciated by the parliament and we have been deliberately denied the information.

5. Provide the annual progress report (physical, fianancial, allotment & expenditure) under MGNREGA for the year 2010-11.

Janasakthi>> Only the financial expenditure has been provided. The rest has not been supplied and its violation of RTI Act.

6.What was the certified closing balance & opening balance as on 31/3/2011 & 01/04/2011under MGNREGA?

Janasakthi>> No comments

7.Provide relevant page of the work register & all other details inclusive of muster rolls, relevant pages of the m-book, name & designation of officers involved in measurement, check measurement & wage material ratio for the below work occasions, with respect to the LMS LP school compound work done under MGNREGA this year

*Starting of the work (provide photographs too)

*Work in Progress (provide photographs too)

*After completion (provide photographs too)

Janasakthi>> We have evidence to the fact that work was executed. If the work was not executed under MGNERGA, then under which scheme was that executed. Please provide all the details of the above under whatever scheme that has been done (state budget/panchayats own fund)

8.For the above work (point 7) give photographic evidence for compliance of the below at the work site.

*Drinking waste.

*Shed for crèche/rest

Janasakthi>> We have evidence to the fact that work was executed. If the work was not executed under MGNERGA, then under which scheme was that executed.

9.For the above work (point 7) provide the name and address of the mate.

Janasakthi>> It is ascertained that a mate has been authorized to supervise the work. If the work was not executed under MGNERGA, then under which scheme was that executed. Moreover the above said work has been executed under our very own eyes, due to the simple fact that our office K.P.Bhavan is right next to LMS School. And payment has been provided to the laborers through their bank account.

10.Provide approved rural standard schedule of rates pertaining to Mayyanad Panchayat by the appropriate authority.

Janasakthi>> This question was not answered & the answer has been denied and its violation of RTI Act. The district collector is the authority to declare the rural standard schedule rates with respect to MGNERGA & its known since it inception.

11.Provide the list of assets created for the year 2010-11 under MGNREGA.

Janasakthi>> This question was not answered & the answer has been denied and its violation of RTI Act.

12. Give details of the average minimum turnover of work to be done by men, women labourers as per the approved estimate.

A)Abstact of labourers engaged for the above work,

Janasakthi>> This question was not answered & the answer has not been supplied and its violation of RTI Act. This has to be prepared with the assistance of the Engineering wing of the Panchayat.

13.For the above work (point 7), Furnish No. of applications filed (written or oral) for job & also state whether copy of the acknowledgement from the Grama Panchayat has been given to the labourers. If not, how the communication about selection of labourers, starting date & time of the work passed on to the job card holders ?

Janasakthi>> We have evidence to the fact that work was executed. If the work was not executed under MGNERGA, then under which scheme was that executed. For that particular scheme, what procedure & criteria was adopted for choosing the labourers. Further was it a convener/contract work, if so please provide the name of the convener/contract

14.What is the approved work time schedule of MGNREG workers in  Mayyanad Grama Panchayat?

Janasakthi>> This question was not answered & the answer has not been supplied and its violation of RTI Act.

15)  For the above work provide all details of social audit conducted inclusive of minutes and persons participated.

Janasakthi>> No remarks

16.For the above work (point 7) with respect to Social Audit

*who presided over the social audit meeting? Name &Designation of that person

*the name &address, job card No. of labourer’s representatives (men & women) who attended the social audit meeting

*date and timeof social audit meeting.

Janasakthi>> No remarks

17.A.Which are the approved lean season and off season of agricultural operations in Mayyanad Grama Panchayat?

Janasakthi>> This question was not answered & the answer has not been supplied/denied and its violation of RTI Act. This information is vital information to be maintained in a Panchayat and it has to be in the basic information register. Moreover while preparing the MGNERGA labour budget this information is vital to arrive at the number of jobs that can be created in an year.

18.Whether MGNREG Act permit to provide job to job card holders during agricultural lean season.? If yes, furnish a copy of the relevant Govt order from Central/State Govt.

Janasakthi>> It seems that there is an deliberate attempt to falsify and deny the information. This information was not answered and its violation of RTI Act.

Finally if we don’t get convincing information from your office we will be constrained to take it up with the Chief Information Commissioner, Trivandrum

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