lldj.k flrecj] 2007 izdk kd vk;qdr] xzke; fodkl] m0iz0 10ok ry] tokgj Hkou] y[kuå
vkeq[k jftlvªh l0&mh-,y-&¼,u½04@0007@2003&05 Registrtion No. DL-(N)04/0007/2003-05 f k {ks= es fu;fer jkstxkj dh lehkkouk;s vhkh Hkh vko ;drk ls de gs vksj bl dkj.k izpnuu csjkstxkjh] v)z csjkstxkjh o csjkstxkjh tslh lel;k;s fn[kkbz im+rh gs A vr% xzkeh.k {ks=ks es O;kIr csjkstxkjh dh lel;k ds lek/kku ds fy, flrecj] 2005 es lln }kjk jk Vªh; xzkeh.k jkstxkj xkjuvh vf/kfu;e 2005 ikfjr fd;k x;k gsa mdr vf/kfu;e ds izkfo/kkuks ds vurxzr xzkeh.k {ks=ks es fuokljr xzkeh.k ifjokjks ds o;ld O;fDr;ks dks] tks vdq ky Je djus gsrq rs;kj gs],d forrh; o kz es,d ifjokj dks 100 fnol dk jkstxkj miyc/k djkus dh xkj.vh iznku dh xbz gsa lkfk gh jkstxkj gsrq vkosnu i= fn;s tkus ds 15 fnu ds vunj jkstxkj u ns ikus dh n kk es csjktxkjh HkRrk fn;s tkus dk Hkh izkfo/kku gsa jkt; es ;kstuk dk kqhkkjehk fnukd 02 Qjojh] 2006 ls fd;k x;k gsa jk Vªh; xzkeh.k jkstxkj xkjuvh ;kstuk izfke pj.k es mrrj izns k ds 22 ftyks es ykxw dh x;h gsa f}rh; pj.k es jkt; ds 17 vu; ftys Hkh ;kstuk es lfeefyr fd;s x;s gsa ns k dh xzkeh.k Je kfdr ds lkeus dk;z feyus dh tks vfuf prrk [km+h jgrh Fkh mldk lek/kku bl ;kstuk ls gks jgk gsa bl ;kstuk ds fø;kuo;u ls xko ls kgj dh vksj iyk;u dh izo`frr ij jksd yxus dh fn kk es lqyrk feyh gsa bl ;kstuk es 9 izdkj ds dk;z lfeefyr fd;s x;s gs ftues 8 izdkj ds dk;z ifjhkkf kr gs vksj 9okW dk;z jkt; ljdkj o dsunz ljdkj ds Åij NksM+ fn;k x;k gsa ;kstuk ds fofhkuu fø;k&dykiks ds lecu/k es tkjh ekxz&funs Z kks dh tkudkjh miyc/k djkus ds fy, izf k{k.k dk;zøe vk;ksftr fd;s x;s gsa blh Ádkj ;kstuk es mfyyf[kr dk;ksz ds lecu/k es rduhdh fo k;ks ds lec/k es Hkh Áf k{k.k dk;zøe vk;ksftr fd;s x;s gs A xzkeh.k xjhch nwj djus ds iz;klks es jk Vªh; xzkeh.k jkstxkj xkjuvh vf/kfu;e dks ehy dk irfkj dh lkk nh tk ldrh gs ftlds rgr xzkeh.k xjhcks ds fy, dke ds vf/kdkj dks los/kkfud ntkz iznku fd;k x;k gs vksj xzkeh.k ifjokjks dks o kz es 100 fnu ds jkstxkj dh xkjuvh nh xbza vf/kfu;e ds izkfo/kkuks ds rgr izns k ljdkj }kjk jkt; xzkeh.k jkstkxj xkjuvh ;kstuk rs;kj dj mls 08 Qjojh] 2007 dks vf/klwfpr fd;k x;k gsa ;kstuk es vf/kfu;e dh /kkjkvks dks ewrz :i nsus vksj mn~ns ; dh izkfir gsrq leqfpr izkfo/kku fd, x;s gs A jk Vªh; xzkeh.k jkstxkj xkj.vh vf/kfu;e ds fø;kuo;u dh leh{kk,o mlds fu;fer vuqjo.k gsrq jkt; jkstxkj xkjuvh ifj kn dk xbu fd;k x;k gsa izns k ljdkj }kjk jk Vªh; xzkeh.k jkstxkj xkjuvh vf/kfu;e] 2005 ds izhkkoh fø;kuo;u gsrq vusd egroiw.kz o nwjxkeh fu.kz; fy, x;s gs ftuls lecfu/kr kklukns kks,o ifji=ks dk ldyu izlrqr gsa vk kk gs fd izlrqr kklukns kks @ifji=ks ds ldyu ls ;kstuk ds fø;kuo;u ls tqm+ s vf/ kdkfj;ks dks i;kzir lgk;rk o ekxz&n kzu izkir gks ldsxka jktu kqdyk vk;qdr] xzke; fodkl]m0iz0 vlk/kkj.k EXTRAORDINARY HkkxAA & [k.m 1 PART II - Section 1 izkf/kdkj ls izdkf kr PUBLISHED BY AUTHORITY jkti= l0 48] ubz fnyyh] cq/kokj] flrecj 7] 2005@Hkknz 16] 1927 No. 48] NEW DELHI, WEDNESDAY, SEPTEMBER 7, 2005/BHADRA 16, 1927 bl Hkkx es fhkuu i` B l[;k nh tkrh gs ftlls fd ;g vyx ldyu ds :i es j[kk tk ldsa Seprte pging is given to this Prt in order tht it my be filed s seprte compiltion. MINISTRY OF LAW AND JUSTICE (Legisltive Deprtment) New Delhi, the 7th September, 2005/Bhdr 16, 1927 (Sk) The following Act of Prliment received the ssent of the President on 5th September, 2005 nd is hereby published for generl informtion:- THE NATIONAL RURAL EMPLOYMENT GURANTEE ACT, 2005 No. 42 of 2005 [5th September, 2005] An Act to provide for the enhncement of livelihood security of the households in rurl res of the country by providing t lest one hundred dys of gurnteed wge employment in every finncil yer to every household whose dult members volunteer to do unskilled mnul work nd for mtters connected therewith or incidentl thereto. Be it encted by Prliment in the Fifty-Sixth Yer of the Republic of Indi s follows:- 2 I
CHAPTER - I Preliminry Short title extent nd commencement 1. (1) This Act my be clled the Ntionl Rurl Employment Gurntee Act, 2005. (2) It extends to the whole of Indi except the Stte of Jmmu nd Kshmir. (3) It shll come into force on such dte s the Centrl Government my, by notifiction in the Officil Gzette, ppoint; nd different dtes my be ppointed for for different Sttes or for different res in Stte nd ny reference in ny such provision to the commencement of this Act shll be construed s reference to the coming into force of tht provision in such Stte or, s the cse my be, in such re; Provided tht this Act shll be pplicble to the whole of the territory to which it extends within period of five yers from the dte of enctment of this Act. Definitions 2. In this Act, unless the context otherwise requires,- () dult mens person who hs completed his eighteenth yers of ge; (b) pplicnt mens the hed of household or ny of its other dult members who hs pplied for employment under the Scheme; (c) Block mens community development re within district comprising group of Grm Pnchyts; (d) Centrl Council mens the Centrl Employment Gurntee Council constituted under sub-section (1) of section 10; (e) District Progrmme Coordintor mens n officer of the Stte Government disignted s such under sub-section (1) of section 14 for implementtion of the Scheme in district; (f) household mens the members of fmily relted to ech other by blood, mrrige or doption nd normlly residing together nd shring mels or holding common rtion crd; (g) implementing gency includes ny deprtment of the Centrl Government or Stte Government, Zil Prishd, II 3 Pnchyt t intermedite level, Grm Pnchyt or ny locl uthority or Government undertking or non-governmentl orgnistion uthorised by the Centrl Government or the Stte Government to undertke the implementtion of ny work tken up under Scheme; 11 of 1948 (h) minimum wge, in reltion to ny re, mens the minimum wge fixed by the Stte Government under section 3 of the Minimum Wges Act, 1948 for griculturl lbourers s pplicble in tht re; (i) Ntionl Fund mens the Ntionl Employment Gurntee Fund estblished under sub-section (1) of section 20; (j) notifiction mens notifiction published in the Officil Gzette; (k) preferred work mens ny work which is tken up for implementtion or priority bsis under Scheme; (l) prescribed mens prescribed by rules mde under this Act; (m) Progrmme Officer mens n officer ppointed under sub-section (1) of section 15 for implementing the Scheme; (n) project mens ny work tken up under Scheme for the purpose of providing employment to the pplicnts; (o) rurl re mens ny re in Stte except those res covered by ny urbn locl body or Cntonment Bord estblished or constituted under ny lw for the time being in force; (p) Scheme mens Scheme notified by the Stte Government under sub-section (1) of section 4; (q) Stte Council mens the Stte Employment Gurntee Council constituted under sub-section (1) of section 12; (r) unskilled mnul work mens ny physicl work which ny dult person is cpble of doing without ny skill or specil trining; (s) wge rte mens the wge rte referred to in section 6. CHAPTER - II GUARANTEE OF EMPLOYMENT IN RURAL AREA Gurntee of rurl employment to households. III
3. (1) Sve s otherwise provided, the Stte government shll, in such rurl re in the Stte s my be notified by the Centrl Government, provide to every household whose dult members volunteer to do unskilled mnul work not less thn one hundred dy of such work in finncil yer in ccordnce with the Scheme mde under this Act. (2) Every person who hs done the work given to him under the Scheme shll be entitled to receive wges t the wge rte for ech dy of work. (3) Sve s otherwise provided in this Act, the disbursement of dily wges shll be mde on weekly bsis or in ny cse not lter thn fortnight fter the dte on which such work ws done. (4) The Centrl government or the Stte Government my, within the limits of its economic cpcity nd development, mke provisions for securing work to every dult member of household under Scheme for ny period beyond the period gurnteed under sub-section (1), s my be expedient. CHAPTER - III EMPLOYMENT GUARANTEE SCHEMES AND UNEMPLOYMENT ALLOWANCE Employment Gurntee Schemes for rurl res. 4. (1) For the purposes of giving effect to the provisions of section 3, every Stte Government shll, within six months from the dte of commencement of this Act, by notifiction, mke Scheme, for providing not less thn one hundred dys of gurnteed employment in finncil yer to every household in the rurl res covered under the Scheme nd whose dult members, by ppliction, volunteer to do unskilled mnul work subject to the conditions lid down by or under this Act nd in the Scheme: Provided tht until ny such Scheme is notified by the Stte Government, the Annul ction Pln or Perspective Pln for the Smpoorn Grmeen Rozgr Yojn (SGRY) or the Ntionl Food for Work Progrmme (NFFWP) whichever is in force in the concerned re immeditely before such notifiction shll be deemed to be the ction pln for the Scheme for the purposes of this Act. (2) The Stte Government shll publish summry of the Scheme mde by it in t lest two locl newsppers, one of which shll be in vernculr lnguge circulting in the re or res to which such Scheme shll pply. (3) The Scheme mde under sub-section (1) shll provide for the minimum fetures specified in Schedule I. Conditions for providing gurnteed employment. 5. (1) The Stte Government my, without prejudice to the conditions specified in Schedule II, specify in the Scheme the conditions for providing gurnteed employment under this Act. (2) The persons employed under ny Scheme mde under this Act shll be entitled to such fcilities not less thn the minimum fcilities specified in Schedule II. 11 of 1948 Wge Rte. 6. (1) Notwithstnding nything contined in the Minimum Wges Act, 1948, the Centrl Government my, by notifiction, specify the wge rte for the purposes of this Act: Provided tht different rtes of wges my be specified for different res: Provided further tht the wge rte specified from time to time under ny such notifiction shll not be t rte less thn sixty rupees per dy. 11 of 1948 (2) Until such time s wge rte is fixed by the Centrl Government in respect of ny re in Stte, the minimum wge fixed by the Stte Government under section 3 of the Minimum Wge Act, 1948 for griculturl lbourers, shll be considered s the wge rte pplicble to tht re. Pyment of unemployment llownce. 7. (1) If n pplicnt for employment under the Scheme is not provided such employment within fifteen dys of receipt of his ppliction seeking employment or from the dte on which the employment hs been sought in the cse of n dvnce ppliction, whichever is lter, he shll be entitled to dily unemployment llownce in ccordnce with this section. (2) Subject to such terms nd conditions of eligibility s my be prescribed by the Stte Government nd subject to the provisions of this Act nd the Schemes nd the economic cpcity of the Stte Government, the unemployment llownce pyble under sub-section (1) shll be pid to the pplicnts of household subject to the entitlement of the household t such rte s my be specified by the Stte Government, by notifiction, in consulttion with the Stte Council: Provided tht no such rte shll be less thn one-fourth of the wge rte for the first thirty dys during the finncil yer nd not less thn one-hlf of the wge rte for the remining period of the finncil yer. IV 4 V
(3) The libility of the Stte Government to py unemployment llownce to household during ny finncil yer shll cese s soon s- () the pplicnt is directed by the Grm Pnchyt or the Progrmme Officer to report for work either by himself or depute t lest one dult member of his household; or (b) the period for which employment is sought comes to n end nd no member of the household of the pplicnt hd turned up for employment; or (c) the dult members of the household of the pplicnt hve received in totl t lst one hundred dys of work within the finn cil yer; or (d) the household of the pplicnt hs erned s much from the wges nd unemployment llownce tken together which is equl to the wges for one hundred dys of work during the finncil yer. (4) The unemployment llownce pyble to the household of n pplicnt jointly shll be snctioned nd disbursed by the Progrmme Officer or such locl uthority (including the Pnchyts t the district, intermedite or villge level) s the Stte Government my, by notifiction, uthorise in this behlf. (5) Every pyment of unemployment llownce under sub-section (1) shll be mde or offered not lter thn fifteen dys from the dte on which it becme due for pyment. (6) The Stte Government my prescribe the procedure for pyment of unemployment llownce under this Act. Non disbursement of unemployment llownce in certin circumstnces. 8. (1) if the Progrmme Officer is not in position to disburse the unemployment llownce in time or t ll for ny reson beyond his control, he shll report the mtter to the District Progrmme Coordintor nd nnounce such reson in notice to be displyed on his notice bord nd the notice bord of the Grm Pnchyt nd such other conspicuous plces s he my deem necessry. (2) Every cse of non-pyment or delyed pyment of unemployment llownce shll be reported in the nnul report submitted by the District Progrmme coordintor to the Stte Government long with the resons for such non-pyment or delyed pyment. (3) The Stte government shll tke ll mesures to mke the pyment of unemployment llownce reported under sub-section (1) to the concerned household s expeditiously s possible. Disentitlement to receive unemployment llownce in certin circumstnces. 9. An pplicnt who - () does not ccept the employment provided to his house hold under Scheme; or (b) does not report for work within fifteen dys of being notified by the Progrmme Officer or the implementing gency to report for the work; or (c) continuously remins bsent from work, without obtining permission from the concerned implementing gency for pe riod of more thn one week or remins bsent for totl period of more thn one week in ny month, shll not be eligible to clim the unemployment llownce pyble under this Act for period of three months but shll be eligible to seek employment under the Scheme t ny time. CHAPTER - IV IMPLEMENTING AND MONITORING AUTHORITIES Centrl Employment Gurntee Council. 10. (1) With effect from such dte s the Centrl Government my, by notifiction specify, there shll be constituted Council to be clled the Centrl Employment Gurntee Council to dischrge the functions, nd perform the duties, ssigned to it by or under this Act. (2) The hedqurters of the Centrl Council shll be t Delhi. (3) The Centrl Council shll consist of the following members to be ppointed by the Centrl government, nmely:- () Chirperson; (b) not more thn such number of representtives of the Centrl Ministries including the Plnning Commission not below the rnk of Joint Secretry to the Government of Indi s my be determined by the Centrl Government; (c) not more thn such number of representtives of the Stte Governments s my be determined by the Centrl Government; (d) not more thn fifteen non-officil members representing Pnchyti Rj Institutions, orgnistions of workers nd disdvntged groups: VI 5 VII
Provided tht such non-officil members shll include two chir persons of District Pnchyts nominted by the Centrl Government by rottion for period of one yer t time: Provided further tht not less thn one-third of the non-officil members nominted under this cluse shll be women: Provided lso tht not less thn one-third of the non-officil members shll be belonging to the Scheduled Cstes, the Scheduled Tribes, the Other Bckwrd Clsses nd Minorities; (e) such number of representtives of the Sttes s the Cen trl Government my, by rules, determine in this behlf; (f) Member-Secretry not below the rnk of Joint Secretry to the Government of Indi. (4) The terms nd conditions subject to which the Chirperson nd other members of the Centrl Council my be ppointed nd the time, plce nd procedure of the meetings (including the quorum t such meetings) of the Centrl Council shll be such s my; be prescribed by the Centrl Government. Functions nd duties of Centrl Council. 11. (1) The Centrl Council shll perform nd dischrge the following functions nd duties, nmely:- () estblish centrl evlution nd monitoring system; (b) dvise the Centrl Government on ll mtters concerning the implementtion of this Act; (c) review the monitoring nd redressl mechnism from time to time nd recommend improvements required; (d) promote the widest possible dissemintion of informtion bout the Schemes mde under this Act; (e) monitoring the implementtion of this Act; (f) preprtion of nnul reports to be lid before Prliment by the Centrl Government on the implementtion of this Act; (g) ny other duty or function s my be ssigned to it by the Centrl government. (2) The Centrl Council shll hve the power to undertke evlution of the vrious Schemes mde under this Act nd for tht purpose collect or cuse to be collected sttistics pertining to the rurl economy nd the implementtion of the Schemes. Stte Employment Gurntee Council. 12. (1) For the purposes of regulr monitoring nd reviewing the VIII 6 implementtion of this Act t the Stte level, every Stte Government shll constitute Stte Council to be known s the...(nme of the Stte) Stte Employment gurntee Council with Chirperson nd such number of officil members s my be determined by the Stte government nd not more thn fifteen non-officil members nominted by the Stte Government from Pnchyti Rj Institutions, orgnistions of workers nd disdvntged groups: Provided tht not less thn one-third of the non-officil members nominted under this cluse shll be women: Provided further tht not less thn one third of the non-officil members shll be belonging to the Scheduled Cstes, the Scheduled Tribes, the Other Bckwrd Clsses nd Minorities. (2) The terms nd conditions subject to which the Chirperson nd members of the Stte Council my be ppointed nd the time, plce nd procedure of the meetings (including the quorum t such meetings) of the Stte Council shll be such s my be prescribed by the Stte Government. (3) The duties nd functions of the Stte Council shll include-- () dvising the Stte Government on ll mtters concerning the Scheme nd its implementtion in the Stte; (b) determining the preferred works; (c) reviewing the monitoring nd redressl mechnisms from time to time ;nd recommending improvements; (d) promoting the widest possible dissemintion of inform tion bout this Act nd the Schemes under it; (e) monitoring the implementtion of this Act nd the Schemes in the Stte nd coordinting such implementtion with the Centrl Council; (f) prepring the nnul report to be lid before the Stte Legislture by the Stte Government; (g) ny other duty or function s my be ssigned to it by the Centrl Council or the Stte Government. (3) The Stte Council shll hve the power to undertke n evlution of the Schemes operting in the Stte nd for tht purpose to collect or cuse to be collected sttistics pertining to the rurl economy nd the implementtion of the Schemes nd Progrmmes in the Stte. Principl uthorities for plnning nd implementtion of Schemes. 13. (1) The Pnchyts t district, intermedite nd villge levels shll be the principl uthorities for plnning nd implementtion of the Schemes mde under this Act. IX
(2) The functions of the Pnchyts t the district level shll be-- () to finlise nd pprove blockwise shelf of projects to be tken up under progrmme under the Scheme; (b) to supervise nd monitor the projects tken up t the Block level nd district level; nd (c) to crry out such other functions s my be ssigned to it by the Stte Council, from time to time. (3) The functions of the Pnchyt t intermedite level shll be-- () to pprove the Block level Pln for forwrding it to the district Pnchyt t the district level for finl pprovl; (b) to supervise nd monitor the projects tken up t the Grm Pnchyt nd Block level; nd (c) to crry out such other functions s my be ssigned to it by the Stte Council, from time to time. (4) The District Progrmme Coordintor shll ssist the Pnchyt t the district level in dischrging its functions under this Act nd ny Scheme mde thereunder. District Progrmme Coordintor. 14. (1) The Chief Executive Officer of the District Pnchyt or the Collector of the district or ny other district level officer of pproprite rnk s the Stte Government my decide shll be designted s the District Progrmme Coordintor for the implementtion of the Scheme in the district. (2) The District Progrmme Coordintor shll be responsible for the implementtion of the Scheme in the district in ccordnce with the provisions of this Act nd the rules mde thereunder. (3) The functions of the District Progrmme Coordintor shll be- () to ssist the District Pnchyt in dischrging its functions under this Act nd ny scheme mde thereunder; (b) to consolidte the plns prepred by the Blocks nd project proposls received from other implementing gencies for inclusion in the shelf of projects to be pproved by the Pnchyt t district level; (c) to ccord necessry snction nd dministrtive clernce wherever necessry; (d) to coordinte with the Progrmme Officers functioning within his jurisdiction nd the implementing gencies to ensure tht the pplicnts re provided employment s per their entitlements under this Act; X 7 (e) to review, monitor nd supervise the performnce of the Progrmme Officers; (f) to conduct periodic inspection of the works in progress; nd (g) to redress the grievnces of the pplicnts. (4) The Stte Government shll delegte such dministrtive nd finncil powers to the District Progrmme Coordintor s my be required to enble him to crry out his functions under this Act. (5) The Progrmme Officer ppointed under sub-section (1) of section 15 nd ll other officers of the Stte Government nd locl uthorities nd bodies functioning within the district shll be responsible to ssist the District Progrmme Coordintor in crrying out his functions under this Act nd the Schemes mde thereunder. (6) The district Progrmme Coordintor shll prepre in the month of December every yer lbour budget for the next finncil yer contining the detils of nticipted demnd for unskilled mnul work in the district nd the pln for enggement of lbourers in the works covered under the Scheme nd submit it to the district pnchyt. Progrmme Officer. 15. (1) At every Pnchyt t intermedite level, the Stte government shll ppoint person who is not below the rnk of Block Development Officer with such qulifictions nd experience s my be determined by the Stte government s Progrmme Officer t the Pnchyt t intermedite level. (2) The Progrmme Officer shll ssist the Pnchyt t intermedite level in dischrging its functions under this Act nd ny Scheme mde thereunder. (3) The Progrmme Officer shll be responsible for mtching the demnd for employment with the employment opportunities rising from projects in the re under his jurisdiction. (4) The Progrmme Officer shll prepre pln for the Block under his jurisdiction by consolidting the project proposls prepred by the Grm Pnchyts nd the proposls received from intermedite Pnchyts. (5) The functions of the Progrmme Officer shll include--- () monitoring of projects tken up by the Grm Pnchyts nd other implementing gencies within the Block; (b) snctioning nd ensuring pyment of unemployment l lownce to the eligible households; (c) ensuring prompt nd fir pyment of wges to ll lbourers XI
employed under progrmme of the Scheme within the Block; (d) ensuring tht regulr socil udits of ll works within the jurisdiction of the Grm Pnchyt re crried out by the Grm Sbh nd tht prompt ction is tken on the objections rised in the socil udit; (e) deling promptly with ll complints tht my rise in con nection with the implementtion of the Scheme within the Blcok; nd (f) ny other work s my be ssigned to him by the District Progrmme Coordintor or the Stte Government. (6) The Progrmme Officers shll function under the direction, control nd superintendence of the District Progrmme Coordintor. (7) The Stte Government my, by order, direct tht ll or ny of the functions of Progrmme Officer shll be dischrged by the Grm Pnchyt or locl uthority. Responsiblities of the Grm Pnchyts. 16. (1) The Grm Pnchyt shll be responsible for identifiction of the projects in the Grm Pnchyt re to be tken up under Scheme s per the recommendtions of the Grm Sbh nd the Wrd Sbhs nd for executing nd supervising such works. (2) A Grm Pnchyt my tke up ny project under Scheme within the re of the Grm Pnchyt s my be snctioned by the Progrmme Officer. (3) Every Grm Pnchyt shll, fter considering the recommendtions of the Grm Sbh nd the Wrd Sbhs, prepre development pln nd mintin shelf of possible works to be tken up under the Scheme s nd when demnd for work rises. (4) The Grm Pnchyt shll forwrd its proposls for the development projects including the order of priority between different works to the Progrmme Officer for scrutiny nd preliminry pprovl prior to the commencement of the yer in which it is proposed to be executed. (5) The Progrmme Officer shll llot t lest fifty per cent. of the works in terms of its cost under Scheme to be implemented through the Grm Pnchyts. (6) The Progrmme Officer shll supply ech Grm Pnchyt with-- () the muster rolls for the works snctioned to be executed by it; nd (b) list of employment opportunities vilble elsewhere to XII 8 the residents of the Grm Pnchyt. (7) The Grm Pnchyt shll llocte employment opportunities mong the pplicnts nd sk them to report for work. (8) The works tken up by Grm Pnchyt under Scheme shll meet the required technicl stndrds nd mesurements. Socil udit of work by Grm Sbh. 17. (1) The Grm Sbh shll monitor the execution of works within the grm Pnchyt. (2) The Grm Sbh shll conduct regulr socil udits of ll the projects under the Scheme tken up within the Grm Pnchyt. (3) The Grm Pnchyt shll mke vilble ll relevnt documents including the muster rolls, bills vouchers, mesurement books, copies of snction orders nd other connected books of ccount nd ppers to the Grm Sbh for the purpose of conducting the socil udit. Responsibilities of Stte Government in implementing Scheme. 18. The Stte Government shll mke vilble to the District Progrmme Coordintor nd the Progrmme Officers necessry stff nd technicl support s my be necessry for the effective implementtion of the Scheme. Grievnce redressl mechnism. 19. The Stte Government shll, by rules, determine pproprite grievnce redressl mechnisms t the block level nd the district level for deling with ny complint by ny person in respect of implementtion of the Scheme nd ly down the procedure for disposl of such complints. CHAPTER - V ESTABLISHMENT OF NATIONAL AND STATE EMPLOYMENT GUARANTEE FUNDS AND AUDIT Ntionl Employment Gurntee Fund. 20. (1) The Centrl Government shll, by notifiction, estblish fund to be clled the Ntionl Employment Gurntee Fund for the purposes of this Act. (2) The Centrl government my, fter due pproprition mde by Prliment by lw in this behlf, credit by wy of grnts or lons such sums of money s the Centrl Government my consider necessry to the Ntionl Fund. (3) The mount stnding to the credit of the Ntionl Fund shll be XIII
utilised in such mnner nd subject to such conditions nd limittions s my be prescribed by the Centrl Government. Stte Employment gurntee Fund. 21. (1) The Stte Government my, by notifiction, estblish fund to be clled the Stte Employment Gurntee Fund for the purposes of implementtion of the Scheme. (2) The mount stnding to the credit of the Stte Fund shll be expended in such mnner nd subject to such conditions nd limittions s my be prescribed by the Stte Government for the purposes of implementtion of this Act nd the Schemes mde thereunder nd for meeting the dministrtive expenses in connection with the implementtion of this Act. (3) The Stte Fund shll be held nd dministered on behlf of the Stte government in such mnner nd by such uthority s my be prescribed by the Stte Government. Funding Pttern. 22. (1) Subject to the rules s my be mde by the Centrl Government in this behlf, the Centrl Government shll meet the cost of the following, nmely:- () the mount required for pyment of wges for unskilled mnul work under the Scheme; (b) up to three-fourths of the mteril cost of the Scheme including pyment of wges to skilled nd semi-skilled workers subject to the provisions of Schedule II; (c) such percentge of the totl cost of the Scheme s my be determined by the Centrl Government towrds the dministrtive expenses, which my include the slry nd llownces of the Progrmme Officers nd his supporting stff, the dministrtive expenses of the Centrl Council, fcilities to be provided under Schedule II nd such other item s my be decided by the Centrl Government. (2) The Stte Government shll meet the cost of the following, nmely:- () the cost of unemployment llownce pyble under the Scheme; (b) one-fourth of the mteril cost of the Scheme including pyment of wges to skilled nd semi-skilled workers subject to the provisions of Schedule II; (c) the dministrtive expenses of the Stte Council. XIV 9 Trnsprency nd Accountbility. 23. (1) The District Progrmme coordintor nd ll implementing gencies in the District shll be responsible for the proper utilistion nd mngement of the funds plced t their disposl for the purpose of implementing Scheme. (2) The Stte Government my prescribe the mnner of mintining proper books nd ccounts of employment of lbourers nd the expenditure incurred in connection with the implementtion of the provisions of this Act nd the Schemes mde thereunder. (3) The Stte government my, by rules, determine the rrngements to be mde for the proper execution of Schemes nd progrmmes under the Schemes nd to ensure trnsprency nd ccountbility t ll levels in the implementtion of the Schemes. (4) All pyments of wges in csh nd unemployment llownces shll be mde directly to the person concerned nd in the presence of independent persons of the community on pre-nnouced dtes. (5) If ny dispute or complint rises concerning the implementtion of Scheme by the Grm Pnchyt, the mtter shll be referred to the Progrmme Officer. (6) The Progrmme Officer shll enter every complint; in complint register mintined by him nd shll dispose of the disputes nd complints within seven dys of its receipt nd in cse it reltes to mtter to be resolved by ny other uthority it shll be forwrded to such uthority under intimtion to the complinnt. Audit of Accounts. 24. (1) The Centrl Government my, in consulttion with the Comptroller nd Auditor Generl of Indi, prescribe pproprite rrngements for udits of the ccounts of the Schemes t ll levels. (2) The ccounts of the Scheme shll be mintined in such form nd in such mnner s my be prescribed by the Stte Government. CHAPTER - VI MISCELLANEOUS Penlty for non-complince. 25. Whoever contrvenes the provisions of this Act shll on conviction be lible to fine which my extend to one thousnd rupees. Power to delegte. XV
26. (1) The Centrl Government my, by notifiction, direct tht the powers exercisble by it (excluding the power to mke rules) my, in such circumstnces nd subject to such conditions nd limittions, be exercisble lso by the Stte Government or such officer subordinte to the Centrl Government or the Stte Government s it my specify in such notifiction. (2) The Stte Government my, by notifiction, direct tht the powers exercisble by it (excluding the power to mke rules nd Schemes) my, in such circumstnces nd subject to such conditions nd limittions, be exercisble lso by such officer subordinte to it s it my specify in such notifiction. Power of Centrl Government to give directions. 27. (1) The Centrl Government my give such directions s it my consider necessry to the Stte Government for the effective implementtion of the provisions of this Act. (2) Without prejudice to the provisions of sub-section (1), the Centrl Government my, on receipt of ny complint regrding the issue or improper utilistion of funds grnted under this Act in respect of ny Scheme if prim fcie stisfied tht there is cse, cuse n investigtion into the complint mde by ny gency designted by it nd if necessry, order stoppge of relese of funds to the Scheme nd institute pproprite remedil mesures for its proper implementtion within resonble period of time. Act to hve overriding effect. 28. The provisions of this Act or the Schemes mde thereunder shll hve effect notwithstnding nything inconsistent therewith contined in ny other lw for the time being in force or in ny instrument hving effect by virtue of such lw: Provided tht where Stte enctment exists or is encted to provide employment gurntee for unskilled mnul work to rurl households consistent with the provisions of this Act under which the entitlement of the households is not less thn nd the conditions of employment re not inferior to wht is gurnteed under this Act, the Stte government shll hve the option of implementing its own enctment: Provided further tht in such cses the finncil ssistnce shll be pid to the concerned Stte Government in such mnner s shll be determined by the Centrl Government, which shll not exceed wht the Stte would hve been entitled to receive under this Act hd Scheme mde under this Act hd to be implemented. Power to mend Schedules. 29. (1) if the Centrl government is stisfied tht it is necessry or XVI 10 expedient so to do, it my, by notifiction, mend Schedule I or Schedule II nd thereupon Schedule I or Schedule II, s the cse my be, shll be deemed to hve been mended ccordingly. (2) A copy of every notifiction mde under sub-section (1) shll be lid before ech House of Prliment s soon s my be fter it is mde. Protection of ction tke in good fith. 45 of 1860. 30. (1) No suit, prosecution or other legl proceedings shll lie ginst the District Progrmme Coordintor, Progrmme Officer or ny other person who is, or who is deemed to be, public servnt within the mening of section 21 of the Indin Penl code in respect of nything which is in good fith done or intended to be done under this Act or the rules or Schemes mde thereunder. Power of Centrl Government to mke rules. 31. (1) The Centrl Government my, by notifiction, nd subject to the condition of previous publiction, mke rules to crry out the provisions of this Act. (2) In prticulr, nd without the prejudice of the foregoing power, such rules my provide for ll or ny of the following mtters, nmely:- () the number of representtives of the Stte Governments under cluse (e) of sub-section (3) of section 10; (b) the terms nd conditions subject to which the Chirmn nd other members of the Centrl Council my be ppointed, nd the time, plce nd procedure of the meetings (including the quorum t such meetings) of the Centrl Council, under sub-section (4) of section 10; (c) the mnner in which nd the conditions nd limittions subject to which the Ntionl Fund shll be utilise under sub-section (3) of section 20; (d) the rules relting to funding pttern to meet the cost of certin items under sub-section (1) of section 22; (e) ny other mtter which is to be, or my be, prescribed or in respect of which provision is to be mde by the Centrl Government by rules. Power of Stte Government to mke rules. 32. (1) The Stte Government my, by notifiction, nd subject to the condition of previous publiction, nd consistent with this Act nd the rules mde by the Centrl Government, mke rules to crry out the provisions of this Act. XVII
(2) In prticulr, nd without prejudice to the generlity of the foregoing power, such rules my provide for ll or ny of the following mtters, nmely:- () the terms nd conditions upon which eligibility for unem ployment llownce my be determined under sub-section (2) of section 7; (b) the procedure for pyment of unemployment llownce under sub-section (6) of section 7; (c) the terms nd conditions subject to which the Chirperson nd members of the Stte Council my be ppointed, nd the time, plce nd procedure of the meetings (including the quorum t such meetings) of their ppointment to the Stte Council, under sub-section (2) of section 12; (d) the grievnce redressl mechnism t the Block level nd the District level nd the procedure to be followed in such mtter under section 19; (e) the mnner in which nd the conditions nd limittions subject to which the Stte Fund shll be utilised under sub-section (2) of section 21; (f) the uthority who my dminister nd the mnner in which he my hold the Stte Fund under sub-section (3) of section 21; (g) the mnner of mintining books of ccount of employment of lbourers nd the expenditure under sub-section (2) of section 23; (h) the rrngements required for proper execution of Schemes under sub-section (3) of section 23; (i) the form nd mnner in which the ccounts of the Scheme shll be mintined under sub-section (2) of section 24; (j) ny other mtter which is to be, or my be, prescribed or in respect of which provision is to be mde by the Stte Government by rules. Lying of rules nd Schemes. 33. (1) Every rule mde by the Centrl Government under this Act shll be lid, s soon s my be fter it is mde, before ech House of Prliment, while it is in session, for totl period of thirty dys which my be comprised in one session or in two or more successive sessions, nd if, before the expiry of the session immeditely following the session or the successive sessions foresid, both Houses gree in mking ny modifiction in the rule or both the Houses gree tht the rule should not be mde, the rule shll hve therefter hve effect only in such modified form or be of no effect, s the cse my be; so, however, tht ny such modifiction or nnulment shll be without prejudice to the vlidity of nything previously done under tht rule. (2) Every rule or Scheme mde by the Stte Government under this Act shll, s soon s my be fter it is mde, be lid before ech House of the Stte Legislture where there re two Houses, nd where there is one House of the Stte Legislture, before tht House. Power to remove difficulties. 34. (1) if ny difficulty rises in giving effect to the provisions of this Act, the Centrl Government my, by order published in the Officil Gzette, mke such provisions, not inconsistent with the provisions of this Act, s pper to it to be necessry or expedient for removing the difficulty: Provided tht no order shll be mde under this section fter the expiry of three yers from the commencement of this Act. (2) Every order mde under this section shll be lid, s soon s my be fter it is mde, before ech House of Prliment. SCHEDULE - I [See section 4(3)] MINIMUM FEATURES OF A RURAL EMPLOYMENT GUARANTEE SHCEME 1. The focus of the Scheme shll be on the following works in their order of priority:- (i) wter conservtion nd wter hrvesting; (ii) drought proofing (including fforesttion nd tree plnttion); (iii) irrigtion cnls including micro nd minor irrigtion works; (iv) provision of irrigtion fcility to lnd owned by households belonging to the Scheduled Cstes nd Scheduled Tribes or to lnd of beneficiries of lnd reforms or tht of the beneficiries under the Indir Aws Yojn of the Government of Indi; (v) renovtion of trditionl wter bodies including desilting of tnks; (vi) lnd development; (vii)flood control nd protection works including dringe in wter logged res; (viii)rurl connectivity to provide ll-wether ccess; nd (ix) ny other work which my be notified by the Centrl XVIII 11 XIX
Government in consulttion with the Stte Government. 2. Cretion of durble ssets nd strengthening the livelihood resource bse of the rurl poor shll be n importnt objective of the Scheme. 3. The works tken up under the scheme shll be in rurl res. 4. The Stte Council shll prepre list of preferred works for different res bsed on their bility to crete durble ssets. 5. The Scheme shll be subject to pproprite rrngements s my be lid down by the Stte Government under the rules issued by it for proper mintennce of the public ssets creted under the Scheme. 6. Under no circumstnces shll the lbourers be pid less thn the wge rte. 7. When wges re directly linked with the quntity of work, the wges shll be pid ccording to; the schedule of rtes fixed by the Stte Government for different types of work every yer, in consulttion with the Stte Council. 8. The schedule of rtes of wges for unskilled lbourers shll be so fixed tht person working for seven hours would normlly ern wge equl to the wge rte. 9. The cost of mteril component of projects including the wges of the skilled nd semi-skilled workers tken up under the Scheme shll not exceed forty per cent of the totl project costs. 10. it shll be open to the Progrmme Officer nd Grm Pnchyt to direct ny person who pplied for employment under the Scheme to do work of ny type permissible under it. 11. The Scheme shll not permit engging ny contrctor for implementtion of the projects under it. 12. As fr s prcticble, tsk funded under the Scheme shll be performed by using mnul lbour nd not mchines. 13. Every Scheme shll contin dequte provisions for ensuring trnsprency nd ccountbility t ll level of implementtion. 14. Provisions for regulr inspection nd supervision of works tken up under the Scheme shll be mde to ensure proper qulity of work s well s to ensure tht the totl wges pid for the completion of the work is commensurte with the qulity nd quntity of work done. 15. The District Progrmme Coordintor, the Progrmme Officer nd the Grm Pnchyt implementing the Scheme shll prepre nnully report contining the fcts nd figures nd chievements relting to the implementtion of the Scheme within his or its jurisdiction nd copy of the sme shll be mde vilble to the public on demnd nd XX 12 on pyment of such fee s my be specified in the Scheme. 16. All ccounts nd records relting to the Scheme shll be mde vilble for public scrutiny nd ny person desirous of obtining copy or relevnt extrcts therefrom my be provided such copies or extrcts on demnd nd fter pying such fee s my be specified in the Scheme. 17. A copy of the muster rolls of ech Scheme or project under Scheme shll be mde vilble in the offices of the Grm Pnchyt nd the Progrmme Officer for inspection by ny person interested fter pying such fee s my be specified in the Scheme. SCHEDULE - II [See section 5] CONDITIONS FOR GUARANTEED RURAL EMPLOYMENT UNDER A SCHEME AND MINIMUM ENTITLEMENT OF LABOURERS 1. The dult members of every household who -- (i) reside in ny rurl res; nd (ii) re willing; to do unskilled mnul work, my submit their nmes, ge nd the ddress of the household to the Grm Pnchyt t the villge level (herefter in this Schedule referred to s the Grm Pnchyt) in the jurisdiction of which they reside for registrtion of their household for issunce of job crd. 2. It shll be the duty of the Grm Pnchyt to register the household, fter mking such enquiry s it deems fit nd issue job crd contining such detils of dult members of the household ffixing their photogrphs, s my be specified by the Stte Government in the Scheme. 3. The registrtion mde under prgrph 2 shll be for such period s my be lid in the Scheme, but in ny cse not less thn five yers, nd my be renewed from time to time. 4. Every dult member of registered household whose nme ppers in the job crd shll be entitled to pply for unskilled mnul work under the Scheme. 5. All registered persons belonging to household shll be entitled to employment in ccordnce with the Scheme mde under the provisions of this Act, for s mny dys s ech pplicnt my request, subject to mximum of one hundred dys per household in given finncil yer. 6. The Progrmme Officer shll ensure tht every pplicnt referred to in prgrph 5 shll be provided unskilled mnul work in ccordnce with the provisions of the Scheme within fifteen dys of receipt of n ppliction or from the dte he seeks work in cse of XXI
dvnce ppliction, whichever is lter: Provided tht priority shll be given to women in such wy tht t lest one-third of the beneficiries shll be women who hve registered nd requested for work under this Act. 7. Applictions for work must be for t lest fourteen dys of continuous work. 8. There shll be no limit on the number of dys of employment for which person my pply, or on the number of dys of employment ctully provided to him subject to the ggregte entitlement of the household. 9. Applictions for work my be submitted in writing either to the Grm Pnchyt or to the Progrmme Officer, s my be specified in the Scheme. 10. The Grm Pnchyt nd Progrmme Officer, s the cse my be, shll be bound to ccept vlid pplictions nd to issue dted receipt to the pplicnt. Group pplictions my lso be submitted. 11. Applicnts who re provided with work shll be so intimted in writing, by mens of letter sent to him t the ddress given in the job crd nd by public notice displyed t the office of the Pnchyts t the district, intermedite or villge level. 12. As fr s possible, employment shll be provide within rdius of five kilometers of the villge where the pplicnt resides t the time of pplying. 13. A new work under the Scheme shll be commenced only if-- () t lest fifty lbourers become vilble for such work; nd (b) the lbourers cnnot be bsorbed in the ongoing works; Provided tht this condition shll not be pplicble for new works, s determined by the Stte Government, in hilly res nd in respect of foresttion. 14. In cses the employment is provided outside such rdius, it must be provided within the Block, nd the lbourers shll be pid ten per cent. of the wge rte s extr wges to meet dditionl trnsporttion nd living expenses. 15. A period of employment shll ordinrily be t lest fourteen dys continuously with not more thn six dys in week. 16. In ll cses where unemployment llownce is pid, or due to be pid, the Progrmme Officer shll inform the District Progrmme Coordintor in writing the resons why it ws not possible for him to provide employment or cuse to provide employment to the pplicnts. 17. The District Progrmme Coordintor shll, in his Annul Report to the Stte Council, explin s to why employment could not be provided in cses where pyment of unemployment llownce is involved. 18. Provision shll be mde in the Scheme for dvnce pplictions, tht is, pplictions which my be submitted in dvnce of the dte from which employment is sought. 19. Provision shll be mde in the Scheme for submission of multiple pplictions by the sme person provided tht the corresponding periods for which employment is sought do not overlp. 20. The Grm Pnchyt shll prepre nd mintin or cuse to be prepred nd mintined such registers, vouchers nd other documents in such form nd in such mnner s my be specified in the Scheme contining prticulrs of job crds nd pssbooks issued, nme, ge nd ddress of the hed of the household nd the dult members of the household registered with the Grm Pnchyt. 21. The Grm Pnchyt shll send such list or lists of the nmes nd ddresses of households nd their dult members registered with it nd supply such other informtion to the concerned Progrmme Officer t such periods nd in such form s my be specified in the Scheme. 22. A list of persons who re provided with the work shll be displyed on the notice bord of the Grm Pnchyt nd t the office of the Progrmme Officer nd t such other plces s the Progrmme Officer my deem necessry nd the list shll be open for inspection by the Stte Government nd ny person interested. 23. If the Grm; Pnchyt is stisfied t ny time tht person hs registered with it by furnishing flse informtion, it my direct the Progrmme Officer to direct his nme to be struck off from the register; nd direct the pplicnt to return the job crd: Provided tht no such ction under this prgrph shll be directed unless the pplicnt hs been given n opportunity of being herd in the presence of two independent person. 24. If ny personl injury is cused to ny person employed under the Scheme by ccident rising out of nd in the course of his employment, he shll be entitled to, free of chrge, such medicl tretment s is dmissible under the Scheme. 25. Where hospitlistion of the injured worker is necessry, the Stte Government shll rrnge for such hospitlistion including ccommodtion,l tretment, medicines nd pyment of dily llownce not less thn hlf of the wge rte required to be pid hd the injured been engged in the work. 26. If person employed under Scheme dies or becomes permnently disbled by ccident rising out of nd in the course of XXII 13 XXIII
employment, he shll be pid by the implementing gency n ex grti pyment t the rte of twenty-five thousnd rupees or such mount s my be notified by the Centrl Government, nd the mount shll be pid to the legl heirs of the decesed or the disbled, s the cse my be. 27. The fcilities of sfe drinking wter, shde for children nd periods of rest, first-id box with dequte mteril for emergency tretment for minor injuries nd other helth hzrds connected with the work being performed shll be provided t the work site. 28. in cse the number of children below the ge of six yers ccompnying the women working t ny site re five or more, provisions shll be mde to depute one of such women worker to look fter such children. 29. The person deputed under prgrph 28 shll be pid wge rte. 30. In cse the pyment of wges is not mde within the period specified under the Scheme, the lbourers shll be entitled to receive pyment of compenstion s per the provisions of the pyment of Wges Act, 1936 (4 of 1936). 31. The wges under Scheme my be pid either wholly in csh or in csh nd kind provided tht t lest one-fourth of the wges shll be pid in csh only. 32. The Stte Government my prescribe tht portion of the wges in csh my be pid to the lbourers on dily bsis during the period of employment. 33. If ny personl injury is cused by ccident to child ccompnying ny person who is employed under Scheme, such person shll be entitled to, free of chrge, such medicl tretment for the child s my be sepcified in the Scheme nd in cse of deth or disblement, through n ex grti pyment s my be determined by the Stte Government. 34. In cse of every employment under the Scheme, there shll be no discrimintion solely on the ground of gender nd the provisions of the Equl Remunertion Act, 1976 (25 of 1976), shll be complied with. B.A. AGRAWAL Addl. Secretry to the Govt. of Indi XXIV 14 ;kstuk ds fø;kuo;u gsrq le; ij fuxzr kklukns k,o ifji=ks dk fooj.k %& Ø- fo k; lunhkz kklkukns k fnukd i`0 l- l[;k l- 1- iz kkfud O;; dh Hkkjr D.O. No. V-28012 10&01&06 1&2 Lohd`fr ljdkj /3/05-06/NREGA 2- ;kstuk dsfø;kuo;u ds m0iz iz0 85@38&4&06&1 11&01&06 3&11 fn kk funz s k klu,uvkjth,@05 3- lh0mh0vks0 dksftyk m0iz iz0 90@38&4&06&1 13&01&06 12&12 dk;zøe leuo;d,o klu,uvkjth,@05 [k0fo0v0 dks dk;zøe vf/kdkjh ukfer djuk 4- tuinks }kjk dh tkus okyh vk;qdr 61@fo0dk0@,u 13&01&06 13&15 dk;zokgh dh le; lkj.kh xzke;,q,qmcywih@06 fodkl 5- ;kstuk dsizpkj izlkj vk;qdr 165@fo0dk0,u 17&01&06 16&18 gsrqfunz s k xzke;,uvkjbzthih@05 fodkl 6- xzke fodkl vf/kdkjh,o m0iz iz0 172@38&4&06& 19&01&06 19&20 xzke ipk;r vkf/kdkjh klu,u,uvkjbzth,@05 lsdk;zdjkuk 7- ithdj.k izkjehk djus m0iz iz0 20thvkbZ@38&4&06 19&01&06 21&22 ds lecu/k es klu &1,uvkjbZth@05 8- tkc dkmzforj.k es Hkkjr D.O. No. PS/JS(S)/ 10&02&06 23&29 lrdzvuqjo.k ljdkj checklist/2006 9- leiw.kzxzkeh.k jkstxkj ;kstuk m0iz iz0 406@38&4&06&5 14&02&06 30&30,ojk Vªh; dke dscnys klu,uvkjth,@05 vukt ;kstuk dk lfoy;u 10- Hkkjr ljdkj vf/kdkfj;ks ds m0iz iz0 490@38&4&06&10 20&02&06 31&31 Hkze.k es ikbz xbz =qfv;ks dk klu,uvkjth,@05 fujkdj.k dsmijkur tkc dkmzfuxzr djuk 11-,u0vkj0bZ0th0,0 es fodkl m0iz iz0 492@38&4&06&10 20&02&06 32&32 [k.m Lrj ij dh tkus klu,uvkjth,@05 okyh O;oLFkk;s 12- xzke fodkl vuqhkkx&4 ds m0iz iz0 473@¼1½38&4&06& 20&02&06 33&33 izhkkjk/khu izdks B dk xbu klu 10,uvkjth,@05