The Meghalaya Community Participation and Public Services Social Audit Act, 2017 (Act No. 7 of 2017)

NOTIFICATION
The 4th April, 2017.
No.LL(B)14/2017/16. —The Meghalaya Community Participation and Public
Services Social Audit Act, 2017 (Act No. 7 of 2017) is hereby published for
general information.
The Gazette of Meghalaya
EXTRAORDINARY
PUBLISHED BY AUTHORITY
 No. 40                  Shillong, Tuesday,  April  4, 2017,                    14th Chaitra-1939 (S. E.)
PART-IV
GOVERNMENT OF MEGHALAYA
LAW (B) DEPARTMENT
———
Postal Registration No. N. E.—771/2006-2008
MEGHALAYA ACT NO. 7 OF 2017.
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 1st April, 2017.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 4th April, 2017.
1
Short title extent
and
commencement.
Definitions
1. (1) This Act may be called the Meghalaya Community Participation and
Public Services Social Audit Act, 2017.
(2) It extends to the whole of Meghalaya.
(3) It shall come into force on such date as the State Government may, by
notification in the official Gazette.
2. In this Act, unless the context otherwise requires,
a) “Act”  means  The  Meghalaya  Community  Participation  and  Public
Services Social Audit Act, 2017.
b) “applicant” means any household or any of its other members who
has applied for benefits under any programme;
c)  “Block” means a community development area within a district
comprising a group of villages;
d) “citizen” means a citizen of India who resides within the country;
e) “District Social Audit Coordinator” means an officer of the State
Government designated as such under Sub Section 1 of Section 8 for
implementation of the Act in a district;
f) “household” means the members of a family related to each other by
blood, marriage or adoption and normally residing together and sharing
meals or holding a common ration card;
g) “implementing agency” includes any Government Department, Agency
or Organisation implementing different development programmes,
schemes and projects of the Government.
h) “notification” means a notification published in the Official Gazette;
i)  “prescribed” means prescribed by rules made under this Act;
j) “Project” means any work taken up under a Scheme for the purpose
intended;
THE MEGHALAYA COMMUNITY PARTICIPATION AND PUBLIC SERVICES SOCIAL AUDIT
ACT, 2017
An
Act
to review delivery of public services and implementation of government schemes and
programmes through a participatory social audit by government and the stakeholders; by ensuring
timely review and concurrent course-correction in the delivery of schemes and programmes, to
achieve realization of desired development outcomes.
Be it enacted by the Legislature of the State of Meghalaya on the Sixty-eight Y
ear of the
Republic of India as follows:-
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k) “RTI Act” means the Right to Information Act 2005 as notified by the
Central Government;
l) “rural” means an area designated as Rural in the Population Census
published by Government of India;
m) “State Council” means the State Social Audit Transparency and
Accountability Council constituted for the purpose under Section 5 of
this Act;
n) “State Government” means the Government of Meghalaya;
o) “Social Audit Nodal Officer” means an officer appointed by a Department
as the Nodal Officer under Section 10 of this Act;
p) “Scheme” or “Development Programmes” means a Scheme or
Programme notified by the State Government under Schedule I of this
Act; and
q) “urban” means any area in a State covered by any urban local body
except covered by Cantonment Board established or constituted under
any law for the time being in force;
3. The objectives of the Meghalaya Community Participation and Public
Services Social Audit Act, 2017 are:
a) To facilitate ‘Concurrent Audit’ of development programmes and public
services as specified under Schedule I of this Act.
b) To monitor the effectiveness and efficiency of the implementation of
the development programmes and public services in a time-bound
manner and to initiate course-correction measures wherever
necessary.
c) To monitor and encourage transparency in the delivery mechanisms
and institutions engaged in the implementation of the developmental
programmes and public services.
d) To ensure that the Social Audit process would educate the citizens,
make aware of their rights and entitlements in order to build their
confidence and secure their participation.
e) To enhance citizen’s ownership in the development initiatives taken
up by the Government in the true spirit of Participatory Democracy.
f) The Social Audit shall be used for the purpose of finding the facts at
the filed level in the implementation of the programmes and to improve
upon them.
g) To seek suggestions from the people on ways and means of improving
the implementation of the development programmes and public
services.
h) To provide a platform for airing of public grievances and ensure a
time-bound redress of the same.
4. The list of such programmes, schemes and projects implemented by
different Government departments, agencies or organizations as per
Schedule 1 appended to this Act, shall be subjected to social audit as
provided under this Act.
Objectives
Programmes to be
Audited
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Provided that the State Government through a notification to be issued in
the Official Gazette in this behalf, may revise or amend the list of such
programmes, schemes and projects from time to time as may be required.
5. With effect from such date as the State Government may, by notification
specify, there shall be constituted a Council to be called the State Social
Audit Council to discharge the functions, and perform the duties, assigned
to it by or under this Act.
6. (1) The headquarters of the State Council shall be at Shillong.
(2) The State Council shall consist of the following members to be
appointed by the State Government, namely:
a) a Chairperson - The Government will identify an eminent person with
rich experience in the development sector;
b) not more than such number of representatives of the State departments
including the Planning Department not below the rank  of Commissioner
& Secretary to the Government of Meghalaya as may be determined
by the State Government;
c) not more than such number of representatives of the Districts as may
be determined by the State Government;
d) not more than ten non-official members representing Village Institutions,
organizations of workers and disadvantaged groups:
e) Member-Secretary not below the rank of Commissioner & Secretary
to the Government of Meghalaya of the Nodal Department.
f) The terms and conditions subject to which the Chairperson and
members of the State Council may be appointed and the time, place
and procedure of the meetings (including the quorum  at such meetings)
of the State Council shall be such as may be prescribed by the State
Government.
7. The State Council through Meghalaya Society for Social Audit and
Transparency shall perform and discharge the following functions and
duties, namely;
(a) establish a systematic concurrent audit system by involving the trained
Civil Society Organizations;
(b) use proven statistical methods of randomization to cover representative
sample of works being audited under different programmes.
(c) advise the State Government on all matters concerning the
implementation of this Act;
(d) review the monitoring and grievance redressal mechanism from time
to time and recommend improvements required;
(e) promote the widest possible dissemination of information about the
Schemes made under this Act;
(f) monitoring the implementation of this Act;
Functions and
duties of State
Council
Implementing and
Monitoring
Authorities
State Social Audit
Council
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(g) commission research studies and surveys to suggest effective
strategies of implementation to the Govt.
(h) preparation of annual reports to be laid before the Assembly by the
State Government on the status of the implementation of the
programmes and schemes as notified in Schedule I; and
(i) any other duty or function as may be assigned to it by the State
Government.
8. In order to ensure effective delivery mechanism and institutional
arrangements the State Government shall;
a) notify Programme Implementation Department as Nodal Department
responsible for the implementation of this Act;
b) Meghalaya Society for Social Audit and Transparency (MSSAT) shall
provide secretarial assistance for the State Social Audit Council.
9. (1) The Deputy Commissioner shall be the principal authority at the District
level as the District Social Audit Coordinator. He/she shall be
responsible for the social audit of the schemes identified under the
Act.
(2) The District Social Audit Coordinator shall be assisted by the District
Planning Cell for the implementation.
(3) The functions of the district level Unit shall be:
(i) to finalise and approve Block-wise Social Audit Calendar and Public
Hearings to fulfill mandatory social audit of programmes and schemes;
(ii) to select and empanel reputed and experienced Non-Governmental
Organisations and Self Help Groups for conduct of the Social Audit;
(iii) to review, coordinate, supervise and monitor the social audits to be
taken up at the Block level;
(iv) to coordinate with the concerned Social Audit Nodal Officers and ensure
effective participation of the departments implementing the Schemes/
programmes in Schedule I;
(v) to conduct the Public Hearings of social audit at the Block level.
(vi) to ensure time bound redress of the grievances raised during the Social
Audit and Public Hearings;
(vii) to submit the reports and findings of social audit to the State Council;
(viii)to carry out such other functions as may be assigned by the State
Council, from time to time.
10. (1) The departments, responsible for the implementation of the
developmental programmes and public services as listed in Schedule
I of this Act, shall identify an officer not below the rank of Director as
the State Nodal Officer for the purposes of this Act at the State level.
(2) The departments will identify an officer not below the rank of the District
District Level
Implementation
Agency
Line Departments
Effective delivery
and Institutional
mechanism
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head as the District Nodal Officer for implementation of this Act at the
District level.
(3) The departments will identify an officer not below the rank of the Block
level Officer as the Nodal Officer for implementation of this Act at the
Block level.
11. (1) The general body of the Village Employment Council and the Locality
Committee, as the case may be, shall identify the Village or Locality
level Social Audit Committees through a process of consensus.
Thereafter the District Social Audit Coordinator or his representative
shall notify these committees by signing a social agreement with their
respective Village Employment Councils or Locality level committees.
(2) The Social Agreement shall enshrine the roles, responsibilities,
objectives, powers, term of office and management of the Village and
Locality Social Audit Committees. It shall be renewed every three years.
(3) The Village and Locality Social Audit Committee shall consist of the
following members:
(i) Chairperson
(ii) Secretary
(iii) five members who may include representatives of Self Help Groups,
Farmer Groups and Youth;
(iv) at least two members shall be women;
(v) the members shall be selected or nominated through a special general
meeting of the male and female heads of households in the village or
locality;
(vi) the term of the committee shall be three years.
12. The Village/Locality Social Audit Committee shall assist the Social Audit
Facilitators in the following activities, namely,-
a) ensure participation of the village/locality level programme
implementing agencies/ committees in the Social Audit;
b) to ensure proper awareness on the conduct of the Social Audit;
c) to provide wide publicity on the conduct of the Public Hearing;
d) to submit status report on the action taken based on the findings and
grievances raised during the Public Hearing;
e) any other responsibility as may be entrusted by the District Social Audit
Coordinator.
13. (1) At the Village and locality level, the Social Audit will be facilitated by
reputed Non-Governmental Organisations (NGOs) and Self Help
Groups (SHGs) and they will be termed as Social Audit Facilitators
(SAF).
(2) The SAF shall have adequate human resources for smooth conduct
Village/Locality
Social Audit
Committee
Social Audit
Facilitators
Village/Locality
Level
Implementation
Agency
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6
of the Social Audit and their capacities shall be regularly strengthened
by the District and State level authorities.
(3) The Nodal Department in consultation with the District and State level
authorities shall prepare social audit reporting formats, resource
material, guidelines and entitlements for various schemes and
programmes covered within the scope of Schedule 1 of this Act to
facilitate work of SAFs.
14. (1) The Social Audit shall be conducted in at least 50% of the Villages and
localities during a financial year.
(2) The District Social Audit Coordinator shall ensure that every Village
and locality is covered through Social Audit at least once in every two
financial years.
(3) The   District   Social   Audit   Coordinator   shall   ensure   audit   of  a
representative sample of all the programmes and schemes mentioned
in the Schedule 1 at least once a year to give feedback to the respective
Line Departments for taking necessary corrective measures.
(4) The District Social Audit Coordinator can conduct a Concurrent Audit
based on representations received from any citizen/s, if he/she feels
that there is a need to do so.
15. For the effective conduct of the Social Audit the following mechanisms shall
be adhered to:
a) The State Implementing Agency shall be responsible for the preparation
of the guidelines in the conduct of the Social Audit and the Public
Hearings which shall be adhered by the implementing agencies and
stakeholders;
b) The Nodal Officers shall ensure that relevant records are made
available to the Social Audit Facilitators for smooth conduct of the
Social Audit. The records should be provided at least 15 (fifteen)
working days prior to the conduct of the Social Audit;
c) To facilitate social Audit, the nodal Department shall undertake the
following:
i. Wide dissemination of information through websites and IEC activities
regarding government programmes, scheme guidelines and public
services as listed under Schedule I;
ii. Creating ‘process maps’ regarding the planning, proposal, sanction
and implementation cycles of the above schemes;
iii. Ensure availability of the ‘process maps’ and documentation of the
abovementioned processes through publication and hosting in the
public domain including English and in local languages.
d) The Social Audit Facilitators shall conduct the Social Audit with an
objective to address the delays, improve the processes in selection of
beneficiaries, generate awareness amongst the people, strengthen
the record maintenance, assess the quality of work and any other
Implementation
Periodicity
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responsibility as entrusted to them.
e) The  Social  Audit  Facilitators  shall   interact  with  the  beneficiaries,
participants and stakeholders for garnering information pertaining to
the implementation of the schemes and programmes.
f) The Social Audit Facilitators shall ensure that the findings, feedbacks
and suggestions received during the Social Audit process are placed
before the Public Hearings for public dissemination and discussion.
g) The Social Audit Facilitator shall prepare a separate list of Social Audit
findings that require further inquiry. Such cases should go to the
Administrative Heads of the respective Departments or Agencies.
h) The Social Audit report will also contain a list of grievances that are
required to be redressed. All such grievances should be registered
with the designated authority at the District level and Block level for
disposal and action.
i) It shall be mandatory for the Nodal Officers or their representatives to
be present during the Public Hearings.
16. The District Social Audit Coordinator shall ensure that the Social Audit
Facilitators conduct Concurrent Social Audit for various activities on a
random sampling basis undertaken through the programmes listed in
Schedule 1. A few of the activities that can be concurrently audited are:-
a) quality and quantity of food items, books, seeds, saplings, medicines
or any material/s supplied or purchased under the programmes.
b) verification of the beneficiaries that have received any kind of assistance
either in cash or kind under the programmes.
c) physical verification of the quality and quantity of the works against
the proposals, work orders, plans, estimates, drawings and other
relevant records as may be maintained under the programme.
d) the findings of the concurrent Social Audit shall be separately recorded
and placed before the Public Hearing; and
e) the Social Audit Facilitators shall conduct project impact assessment
on the benefits and outcomes of the programmes.
17. (1) The State Government shall have the overall responsibility to take follow
up action on the findings of the social audit.
(2) The  Nodal  Department  shall  monitor  the  action  taken  by  State
Government through its departments at various levels and incorporate
the Action Taken Report in the annual report laid before the State
Legislature by the State Government.
(3) It shall be the duty of the State Government through its various
departments and implementing agencies and every public authority to
take steps in accordance with Section 4 of the Right to Information
Act, 2005 for providing relevant information to the public, including
details of government programmes and schemes, procedures and
‘process maps’, as described in S. 15 (iii) (C) of this Act, to enable
Concurrent Social
Audit
Transparency &
Accountability
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them to enjoy the benefits conferred through the objectives of this Act.
(4) The State Social Audit Council through MSSAT shall maintain a web
portal for displaying the Social Audit Calendar and the minutes of the
Public Hearing.
(5) The District Social Audit Coordinator shall ensure that the proceedings
of the Public Hearings are properly recorded and documented.
(6) The District Social Audit Coordinator shall ensure that the relevant
records shall be placed in Public view prior to the conduct of the Social
Audit at the Village level.
(7) Wide publicity of the Social Audit Calendar and Public Hearings shall
be ensured, including the social audit reports, and action taken reports
being placed in the public domain.
18. (1) The Public Hearing shall decide the timelines and responsibility is
entrusted to the concerned department or officer or stakeholder for
effective redress of the grievances raised therein and for initiating time
bound corrective measures on the findings.
(2) The timeline for resolution of the grievances and for initiating actions
on the findings can vary from 5 (five) working days up to 30 (thirty)
working days.
(3) Any delay in taking corrective measures shall be subject to explanation
by the respective implementing agency or officer concerned.
Departmental proceedings shall be initiated against willful defaulters.
19. In furtherance of the objectives of this Act, the State Government is
empowered to issue rules and regulations from time to time and when
required.
20. (1) If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, as occasion arises, by order, do anything which
appears to it be necessary or expedient to remove difficulty.
(2) Every order made under this Section shall, as soon as after it is made,
be laid  before the Meghalaya Legislative Assembly.
*******
Corrective Actions
and Grievance
Redress
Power to make
Rules
Power to remove
difficulties
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SCHEDULE I
As per powers conferred in Sections 7(h), 9(3)(iv), 13(3) and 16 of the Meghalaya Community Participation
and Public Services Social Audit Act 2017, the following programmes and Public Services under different
sectors shall be subjected to Social Audit as per the rules and guidelines issued by the State Government:
A. Education.
(a) Sarva Shiksha Abhiyan.
(b) Midday Meal.
B. Health.
(a) Health services including immunization.
(b) Services rendered by the nearest Sub Centre/PHC/CHC.
C. Forest & Environment.
(a) Programmes implemented in the area by the Joint Forest Management Committee.
(b) Climate Change activities.
D. Power.
(a) Services provided by the MeECL.
(b) Functioning of Village Power Committees.
E. Water & Sanitation.
(a) Quality & quantity of water supply.
(b) Services provided by the PHE Department.
(c) Total Sanitation programmes including Swaach Bharat Mission.
F. Employment & Skilling.
(a) Number of unemployed youths.
(b) Awareness on Skilling needs and opportunities.
G. Roads and Transport.
(a) Roads constructed by the PWD Department.
(b) PMGSY roads.
H. Agriculture & allied activities.
(a) Schemes implemented by the Agriculture and allied departments.
I. Community and Rural Development.
(a) MGNREGS.
(b) IAY/PMAY (G).
(c) National Social Assistance Programme (NSAP).
J. Security.
(a) Services rendered by the local Police services.
(b) Law & order including maintenance of Social harmony.
(c) Functioning of Village Defence Parties.
K. Others.
(a) Programmes / Schemes implemented by the Planning Department.
(b) Border Area Development Programmes.
(c) Integrated Children Development Scheme (ICDS).
(d) National Food Security Act and programmes implemented by Food & Civil Supplies.
SHILLONG: Printed and  Published  by the Director,  Printing and  Stationery, Meghalaya, Shillong.
              (Extraordinary Gazette of Meghalaya) No. 79 - 730 + 300 — 4 - 4 - 2017.
website:- http://megpns.gov .in/gazette/gazette.asp
W. KHYLLEP,
Secretary to the Govt. of Meghalaya,
Law Department.
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