The Maharashtra State Employment Guarantee Scheme, 2006
1.1 As a part of the 15 Point Programme formulated by the Government of Maharashtra for the development of the State’s economy, an Employment Guarantee Scheme was sanctioned under Government Resolution, General Administration Department, No. FD/EGS/1072/P-1, dated 28 March 1972. The scheme was intended to provide productive employment to the rural population and thereby solve the problem of rural poverty. The scheme has since been reviewed and revised several times. Now it is contained in the Maharashtra Employment Guarantee Act, 1977 and the rules made the said Act. It is also contained in numerous Government Resolutions and Circulars issued from time to time to ensure that the policy and the objectives of the same are fulfilled effectively and faithfully. Over the years the EGS has not only become a household word but also an important part of the culture of the State.
1.2 What is most heartening, the Government of India, taking a cue from the State legislation on employment guarantee, passed the National Rural Employment Guarantee Act (NREGA), 2005 on 7 September 2005. The NREGA gives legal guarantee of a hundred days of wage employment in a financial year to adult members of a rural household who demand employment and are willing to do unskilled manual work. The NREGA will be applicable to areas notified by the Central Government and will cover the whole country within five years. The objective of the NREGA is to enhance the livelihood security of the people in rural areas by generating wage employment through works that develop the infrastructure base of that area. The choice of works suggested addresses causes of chronic poverty like drought, deforestation, soil erosion. Effectively implemented, the employment generated under the NREGA has the potential to transform the geography of poverty.
1.3 Implementation of the NREGA calls for the formulation of National Rural Employment Guarantee Schemes by the State Governments. Section 4 of the Act provides that within six months from the date of the commencement of the Act, every State Government shall by notification make a scheme for providing not less than hundred days of guaranteed employment in a financial year to every household in the rural areas covered under the Scheme and whose adult members volunteer to do unskilled manual work subject to the conditions of this Act. The Scheme so formulated would have to provide for the minimum features specified in Schedule I of the NREGA.
1.4 Section 4 of the NREGA also provides that until such Scheme is notified by the State Government, the Annual or Perspective Plan of the Sampoorna Grameen Rozgar Yojana (SGRY) or the National Food for Work Programme (NFFWP), whichever is in force in that area shall be deemed to be the action plan for the scheme for the purposes of the NREGA.
1.5 Section 28 of the NREGA provides that if a State enactment exists to provide employment guarantee for unskilled manual work to rural household consistent with the provisions of the NREGA and condition of the employment are not inferior than Central Act, the State Government can implement the State’s Act.
1.6 As per section 28 the Central Act has overriding effect. Therefore, the Government of Maharashtra has decided to amend its EGS Act, 1977 and enlarge the scope to remove parts that are inconsistent and less favourable and to accommodate the essential features of the Central Act in the light of section 28 of the NREGA.
1.7 Accordingly, a scheme formulated under Section 4 of the NREGA and known as the Maharashtra Rural Employment Guarantee Scheme, 2006 will be fully applicable to all districts shown in Annexure-A from 26 January 2006 and to all other districts from the dates that will be notified from time to time. However, it will be substantially applicable to all remaining districts and ‘C’ Class Municipal areas from 26 January 2006 itself as mentioned below. The liability of the Central Government will be restricted to providing employment to rural households for hundred days in a financial year. The State undertakes all other liability.
2. Objective. The object of the scheme is to provide for the enhancement of livelihood security of the households in rural areas and ‘C’ class municipal areas of the Maharashtra by providing guaranteed wage employment thought-out the year to every adult person who volunteers to do unskilled manual work. The guarantee to provide work is restricted to unskilled manual work. The fundamental objective of the scheme is that on completion of the works undertaken, some durable community assets will be generated and that the wages paid to the workers will be linked with the quantity of work done.
3. Status. The scheme is to be implemented as a centrally sponsored scheme on cost sharing basis between the Centre and State as determined by NREG Act, 2005. The expenditure which is admissible under NREG Act, 2005 is to be done from Central Government Fund and the balance from State Government Fund.
4. Salient features of the Scheme
(1) All adult persons residing in rural and ‘C’ class Municipal council areas are covered under this scheme. However, a person who is more than 15 years old but less than 18 years can also be given employment at State cost under this scheme if there is no earning member in the family. While the cost incurred on the employment guarantee to a rural household up to 100 days in a financial year will be shared by the Central Government and the State Government in the ratio of 90:10, all costs to be incurred in ‘C’ Class Municipal areas and guarantee beyond 100 days will be borne by the Government of Maharashra.
(2) The guarantee is given at the Block level. A person demanding the work has no choice of particular work. The guarantee is to provide work anywhere, though operationally works are normally provided within the Panchayat Samiti area. As far as possible, work is provided to the employment seeker within a radius of 5 km of his residence.
(3) The works will be implemented through Panchayat Raj Institutions, Local Bodies, PSUs, various Government Departments such as Irrigation, Public Works, Agriculture, Forest and NGO in notified area. They shall be called Implementing Agencies.
5. Organization set-up
5.1 There will be a State Employment Guarantee Council at the State level to advise the State Government and to monitor and evaluate the scheme. The Chief Minister will be the President of the MEGC and the members will be Minister for Rural Development, Water Conservation, Agriculture, and Forest. Secretaries for MREGS, Rural Development, Water Conservation, Agriculture, and Forest. Deputy Secretary (EGS) will be the Member Secretary. Other members will be decided by the State Government.
5.2 At the State level Principal Secretary, MREGS will be the State Programme Coordinator.
5.3 At the District level the District Collector will be the District Programme Coordinator and the Chief Executive Officer will be Joint District Programme Coordinator.
5.4 At the Block level there will be a Block Programme Officer. He will be selected from among retired Tahsildars, BDOs, DPOs who have worked in rural areas. He will be responsible to the Sub Divisional Officer (Revenue) and the District Programme Coordinator.
5.5 The necessary administrative and technical staff on deputation or on contract basis will be provided to the District Programme Coordinator.
5.6 The necessary administrative and technical staff on deputation or on contract basis will be provided to the Block Programme Officers. Accounts personnel will be taken from among retired Class II Accounts service. The staff will be computer-literate.
5.7 The scheme will be monitored and supervised at Division level by the Divisional Commissioner who will be assisted by the necessary staff presently made available under the erstwhile scheme.
5.8 The above mentioned setup will be presently for the districts notified under the NREGA, 2005.
5.9 In all other districts the present arrangement will continue until further orders. In other words, in these districts three-tier administrative set-up to ensure close and effective liaison and continuous supervision over the programme will continue. The committees for planning, direction, control and co-ordination set up at the State, District and Panchayat Samiti level will continue. The Divisional Commissioner will control EGS works in his division. The Collector will be in overall charge of the scheme at the district level. At Panchayat Samiti level the Tahsildar will be assigned the functions of the assessment of demand for employment and deployment of labourers on different works in the Panchayat Samiti area.
5.10 At the State level, the Planning Department will be in overall charge of the programme, covering all aspects of planning, administration, provision of funds, monitoring and evaluation of the programme.
5.11 For districts in Annexure-A, the Planning Department will
5.12 For all other districts, the Planning Department will make a budget provision and release quarterly credit limits to the Collectors. The Collectors will make further releases to the Implementing Agencies at the district level, which in turn will release funds to their subordinates for payment of expenses incurred on implementation of the works. An account of expenditure will be maintained by the implementing agencies at the primary and district units in accordance with the normal procedure laid down by the Government.
5.13 Weekly and monthly progress reports prescribed for the EGS will be sent by the implementing agencies to the Collectors for onward transmission to the Planning Department. The information in regard to the number of works in progress, labour potential, labour attendance at the end of the week, etc is obtained in the weekly report. The category number of works sanctioned, completed and in progress, employment potential of these works, actual mandays generated at the end of month, the total wage component of expenditure incurred during the month, etc are obtained in the monthly progress report.
6. Legislative Committee
6.1 The State Legislature has constituted a special Legislature Committee to examine, assess and evaluate the working of the State’s EGS, with special reference to benefits accrued to and the impact made on the people employed under the scheme, and to find out the deficiencies and shortcomings if any and to suggest measures to remove them and to improve the said scheme. At the District and Panchayat Samiti levels, District and Panchayat Employment Guarantee Committees, respectively, are appointed. In such committees, persons belonging to the backward classes, labourers and the representatives of registered unions of the agriculture labour are appointed. Adequate representation to women is also provided on these District and Panchayat Committees. This committee will continue to function for the MREGS.
7. Registration and Verification
7.1 Eligibility. MREGS will be open to all rural adult members of the household who register for work. They will need to be local residents, that is, residing within the Gram Panchayat, and willing to do unskilled manual work. Household will mean a nuclear family comprising mother, father and their children.
7.2 Application for Registration. The application for registration in Form No.1 may be given on a plain paper to the local Gram Panchayat which will contain the names of those adult members of the family willing to do unskilled manual work, giving such particulars as age, sex, SC/ST. Any person may appear personally and make an oral request for registration. Even a person who is below 18 years but has attained 15 years may apply for registration if there is no able-bodied adult person in his family. All applications shall be verified by the Gram Panchayat and registered after due verification. To allow maximum opportunities to families that may migrate, registration will be open all through the year at the Gram Panchayat office during working hours.
7.3 Verification. Verification of applications will be regarding local residence in the Gram Panchayat concerned and household as an entity, 1and the fact that applicants are adult members of the household. For this purpose voter list and BPL census will be used. The process of verification will be completed as early as possible, but not later than a fortnight after the receipt of the application in the Gram Panchayat. After verification, the Gram Panchayat will enter all particulars in the Registration Register in the Gram Panchayat.
7.4 A Gram Sabha shall be convened for the purpose of mobilizing application, registration and verification. Door-to-door survey will be undertaken to identify the persons willing to register for employment. The survey will be undertaken by the frontline team headed by the Sarpanch of Gram Panchayat, SC/ST and women members, Gram Sevak, and Talathi, The team members be given orientation at the Block level.
7.5 Every registered household will be assigned a registration number. The registration number will be assigned in accordance with a coding system as prescribed by the Central and State Government for BPL census 2002. Copies of registration will be sent to the Block Programme Officer or the Tahsildar, as the case may be, so that he has a consolidated record of demand that is likely to come to enable him to organize resources accordingly.
7.6 If it is found that a false registration has been done it will be struck off
8. Job Card
8.1 A Job Card will be issued by the Gram Panchayat to each household that has been registered. The Job Card will be issued immediately after the verification is completed and will be handed over to the applicant not later than a week after registration. Photographs of adult members who are willing to do unskilled manual work will be attached to the Job Card as early as possible after the Cards are issued. The cost of photographs to be borne as the programme cost. A copy of the Job Card will be maintained at the Gram Panchayat.
8.2 The Job Card will be valid for a period of 5 years. Deletions, if any, in any household on account of demise, or permanent change of place of a member will be reported immediately by the household concerned. Additions desired may be applied for by the household. The Gram Panchayat will undertake an annual updation exercise in the same manner as registration, the time for which will be fixed Gram Panchayat keeping in mind the work and migration season of the local work force. All additions and deletions made in the Registration Register will be read out in the Gram Sabha. The Gram Panchayat will send a list of additions / deletions to the Block Programme Officer every year in the month of October so that it will be incorporated in the Labour Budget the District Collector has to make by December.
8.3 Individual identity card will be given to each registered applicant of the family. A card holder may apply for a duplicate card if the original card is lost or damaged. The application will be given to the Gram Panchayat and processed in the manner of new application with the difference that the particulars can also be verified from duplicate copy of the job card in the Gram Panchayat.
8.4 If a person has a grievance against the non-issuance of job card, he may bring it to the notice of the Block Programme Officer. If the grievance is against the Block Programme Officer, he may bring it to the notice of the District Programme Co-coordinator. All such complaints will be disposed of within 15 days.
9. Application for work
9.1 In the notified districts the procedure will be as under:
(1) The employment seeker will have to get his name registered under this scheme with the local Gram Panchayat by filling the prescribed Form, or in person. The Gram Panchayat will have to provide work within 15 days after the receipt of application for work. The employment seeker will have to declare that he will be available for work for a continuous period of at least 14 days. The guarantee is to provide work anywhere in the Block. But as far as possible, work will be provided within a radius of 5 km of his residence. In case the employment is provided outside such radius the labourer shall be paid ten per cent of wage rate as extra wage to meet additional transportation and living expenses. If it is not possible for the Gram Panchayat to provide work within that distance, it will inform the Block Programme Officer, who will provide him employment within the Block before the limit of 15 days is over.
(2) Failure to provide employment will create the liability on the State Government for payment of unemployment allowance at the rate of one fourth of wage rate for the first 30 days, and thereafter at the rate of half of the wage rate. But in no case, the unemployment allowance will be more than the wage he would have earned in a financial year for the period of the guarantee.
(3) Ordinarily the application will be in prescribed Form No.4. A plain paper may also be used instead, giving the registration number of the job card, the date from which and the number of days for which employment is required. A single application may be given for number of days in different periods during the year for which wage employment is required. A number of applicants may give a joint application also.
9.2 In the districts other than the notified districts, until further orders the procedure will continue to be as before. That is,
(1) The employment seeker will have to get his name registered with the Registering Authority of the village, i.e. Talathi / Gramsevak by filling Form 1 prescribed under rules. Thereafter he will have to ask for employment from the Samiti Officer (i.e. Tahsildar) or from Registering Authority in the concerned villages by filling up Form 4.
(2) The Samiti officer has to provide work within 15 days after the receipt of application in Form 4. The employment seeker is required to declare that he will work for a continuous period of at least 30 days on the work to which the Samiti Officer has directed. The Samiti Officer will direct the employment seeker to the implementing agency of the work by giving the employment seeker directive in Form 7.
(3) The implementing agency has to employ the person on the work, if the person presents himself on work within 7 days of the receipt of the letter issued by the Samiti Officer. Failure to provide employment creates the liability on the State Government for payment of unemployment allowance at the rate decided by State Government.
10. Allocation of Employment Opportunities
10.1 In all notified districts, the Gram Panchayat will be the Employment Allocation Authority. Hence, it has the right to allocate employment in a work to be executed by any other Implementing Agency in its jurisdiction that has already been approved of in the Annual Plan. The Implementing Agency will be bound to act upon the directive. A copy of the directive will be sent to the Block Programme Officer, who will ensure that the directive is complied with. The Block Programme Officer will also ensure that funds are released in time.
10.2 In the districts not yet notified the present system as highlighted in para 9.2 will continue.
11. Demand Mobilization and Assessment
Demand will be mobilized to facilitate assessment and planning as well as ensuring that the benefits intended are claimed by those in need of them.
12.1 Planning will be such as to generate employment within 15 days. It will also ensure that the design and selection of works are such that good quality assets are developed. There will be long term, medium term, short term perspective planning.
12.2 Development Plan. Every Gram Panchayat will prepare after, considering the recommendations of the Gram Sabha a Development Plan and maintain a shelf of works to be taken up as and when demand arises. It will forward a prioritized list of projects to the Block Programme Officer for scrutinizing and preliminary approval prior to the commencement of the year. The Panchayat Samiti will approve a Block level plan. Zilla Parishad will approve Block-wise shelf of projects. The Block level plan will be prepared by the Block Programme Officer after consolidating Gram Panchayat Plan and proposal of Panchayat Samitis and this consolidated Block Plan will be got approved from Panchayat Samitis. The District Collector will consolidate the Block Plans and proposals of other Implementing Agencies and get the consolidated plan approved from the Zilla Parishad. The District Collector will present every year a labour budget to the Zilla Parishad for approval.
12.3 District Development Plan. The District Development Plan will be a Five-year perspective plan that attempts to estimate the need for employment and the kind of works that can be taken up to meet the need, based on an analysis of previous years and the demand that comes up through a participatory process of planning that has the village / habitation as its basic unit. The Perspective Plan will also have the benchmarking and key indicators of success. The Perspective Plan made under the National Food for Work Programme (NFFWP) will be revisited so that it serves the purposes of the NREGA. The draft plan will be discussed and approved of with modifications, if need be, by the Gram Sabha, Gram Panchayats, Panchayat Samitis, and Zilla Parishads. At the village level, effort will be made to ensure the participation of the work force of the village likely to seek work. Their demand for work as well as their preference for nature and time of work will be elicited so that the Development Plan becomes an instrument to give them employment according to their need. The Development Plan will serve as a frame work of long term planning, but it will be flexible enough to respond to the new emerging needs of the area, the experience of implementation and the new areas of works approved by Central Government.
12.4 Annual Plan. The size of the Plan and priority of the works will be decided annually, keeping in view the demand for employment. Every year, the Gram Panchayat shall convene a meeting of the Gram Sabha to estimate demand for labour and to propose the number and priority of works to be taken up in the next financial year. The timing of the meeting will take into consideration the work season and the migration time, in case the work force in that area tends to migrate for work. Participation of likely beneficiaries will be ensured in the Gram Sabha so that their priorities and needs shape the Annual Plan. The time and date of the Gram Sabha meeting will be fixed well in advance and will be widely publicized so that people can participate in large numbers. The choice of works will be based on the works identified in the Perspective Plan. The Gram Sabha may recommend additional works if the works identified in the Perspective Plan are insufficient or cannot be taken up for some reason or a new activity has been permitted by the Central Government. The Plan formulated in the Gram Sabha will be forwarded to the Gram Panchayat. Based on the recommendations of Gram Sabha and the Gram Panchayat will forward its proposals to the Block Programme Officer. The Gram Panchayat will prepare an Annual Plan and forward to the Block Programme Officer. The Annual Plan will clearly indicate the existing demand for work, the demand in previous year, the works taken up in the previous year, works on on-going and works proposed for next year, likely cost, and proposed implementing agencies. The Gram Panchayat will also identify 50 per cent of the works that it may wish to take up. The Block Programme Officer will scrutinize the Annual Plan for its technical feasibility and satisfy himself that it meets the likely demand for employment based on the registrations and previous experience. If the Block Programme Officer feels that the list is insufficient to meet the likely demand, he will ask for a supplementary list. The Block Programme Officer will not reject the proposal received from the Gram Panchayat. If the proposal is not within the parameters of the scheme or appears technically infeasible, he will record his observations on the proposal and then submit the consolidated statement of proposals to the intermediate pachayat. The Panchayat Samiti will not reject the work proposed by the Gram Panchayat if it is within the parameters of the Act. If it is outside the parameters of the Act, then it will be returned to the Gram Panchayat for it to replace it with a valid proposal. Panchayat Samiti will maintain the priority indicated by the Gram Panchayat. It is possible there may be need for work that involves more than one Gram Panchayat. Such works may be included by the Panchayat Samiti. In identifying such works the suggestions of elected public representatives of the area, NGOs which have been working in that area for rural development and of line departments may be considered by the Panchayat Samiti. The District Collector will scrutinize the Plan proposal of all the Panchayat Samitis, examining the appropriateness and adequacy of work, in terms of likely demand as well as their technical and financial feasibility. While inviting and examining work proposals the Gram Panchayats will be given priority. He will consolidate all the proposals in a District Plan Proposal to be discussed and approved by .Zilla Parishad. The time frame for each project will be specified in the Annual Plan. The Zilla Parishad will examine and approve the District Plan. The District Collector will coordinate the preparation of detailed technical estimates and sanctions. The estimates will be prepared by the executing agency if they have requisite expertise or from any other technical authority specified by State Government. The estimate will be detailed. The District Collector will communicate the sanctioned Plan to the Block Programme Officer, who will then forward a copy of the Block Plan with the shelf of projects to be executed in each Gram Panchayat as well as the projects that may be inter Gram Panchayats with all details to every Gram Panchayat. The proposal will be completed by December of the preceding year. If the work is being executed by any other agency, the Gram Panchayat concerned shall be informed of the work along with the details.
12.5 The procedure of planning will be applicable to all notified districts. In all other districts the present procedure will be continue until further orders, that is, works having sufficient labour potential will be started according to the employment need. Care will be taken to see that availability of labour for normal agricultural operations in the district is not adversely affected and the scheme is not activated when work is available on other plan on non-plan works in progress. The District Collector will prepare an Annual Plan for EGS works in his district for the period from 1 October to 30 September of the next year. In addition to the on-going works, a shelf of approved works will be kept ready so that employment that can be provided (measured in terms of mandays) is 150 per cent of the expected employment need during the ensuing year.
13. Publicity. Sanctioned works will be given wide publicity.
14.1 The following works will be permissible under the scheme in their order of priority.
(1) Water conservation & water harvesting;
(2) Drought proofing (including afforestation and tree plantation;
(3) Irrigation canal including micro & minor irrigation works;
(4) Provision of irrigation facility to land owned by household belonging to the SC & ST or to land beneficiaries of land reforms or that of the beneficiaries under the Indira Awaas Yojana of Government of India;
(5) Renovation of traditional water bodies including desilting of tanks;
(6) Land development;
(7) Flood control and protection works including drainage in water logged areas;
(8) Rural connectivity to provide all-weather access;
(9) Any other work which may be notified by the Central Government in consultation with the State Government;
(10) Individual beneficiary schemes (viz, Jawahar Wells, Horticulture, Sericulture, Social Forestry).
(11) Any other work the State Government may have taken up under its EGS.
14.2 The work mentioned in para 14.1 (4) will be taken up in the lands of small and marginal farmers only. Similarly, the land development works will either be on community lands or lands of small and marginal farmers with first preference to beneficiaries of land reforms and beneficiaries of Indira Awaas Yojana. Care will be taken to ensure that the improvement benefits flow to the weakest sections first.
14.3 Works shown in para 14.1 (10) and 14.1 (11) will continue as State funded schemes.
14.4 The ratio of unskilled to skilled for minor irrigation tanks, percolation tanks, village tanks, maji malgujari tanks, forest ponds, Gabian bandhara and roads will be 51:49 and for all other works it will be 60:40. However, the ratio calculated at the district level for all works taken together shall not be less than 60:40.
15. Execution of works
15.1 The works are implemented through various agencies called the Implementing Agencies.
15.2 At least 50 per cent of the works in terms of cost in a Gram Panchayat will be allotted to Gram Panchayat for execution. This is the statutory minimum and the Block Programme Officer or the District Collector may allot more, if deemed feasible.
15.3 The other executing agencies can be Panchayat Samiti, Zilla Parishad, line departments of Government, Public Sector Undertakings of Central and State Government, Cooperative Societies with majority shareholding of Central or State Government and reputed NGOs having proven track record of performance. Self Help Groups formed under SGSY may also be considered for entrusting works.
15.4 The selection of executing agency will be based on technical expertise and resources, capacity to handle work within the time-frame, reputation for work and overall interest of beneficiaries. The selection of Agency would have to be indicated n the Annual Plan.
15.5 Since the Gram Panchayat is the Employment Allotment Authority, it may direct an approved implementing agency to start a work approved on its shelf of projects. The Gram Panchayat will inform the Block Programme Officer so that if need be the Block Programme Officer may direct the implementing agency concerned to start the work and ensure that it has the necessary funds to do so.
15.6 If any executing agency including a Gram Panchayat is unable to execute the works allotted within 15 days, for some reasons, it will immediately inform the Block Programme Officer, who will entrust it to another agency, from a panel of agencies approved project wise for that Block in the Annual Plan for the District. If a Gram Panchayat does not execute a work within 15 days, the Block Programme Officer will direct the applicants to a work under execution by another implementing agency. Time for various activities must be fixed according to the migrant workers’ needs.
15.7 In the districts which have not been notified the Zilla Parishads, and line departments of State Government will continue to be the Implementing Agencies until further orders.
16 Measurement of work
16.1 The scheduled of rates prescribed for MEGS from time to time will remain applicable.
16.2 The works will be invariably executed by engaging labourers on muster rolls, and not through contractors.
16.3 The labourers will be paid, not according to the number of days they remain present on work but according to the quantity of work done on the basis of rates for different items so fixed that an average person working diligently for 7 hours a day, will earn equal to the minimum wage prescribed for the agricultural labour for the area under the Minimum Wages Act until separate minimum wages are fixed for this scheme. The wages will be paid within 15 days after closer of muster fortnightly. If the wages are delayed, the labour shall be entitled to receive payment of compensation as per the provision of Payment of Wages Act, 1936.
16.4 Administrative Approval to the works. Block Programme Officer is empowered to sanction works costing upto Rs 5 lakh each. The District Collector is empowered to give administrative sanction to the works costing upto Rs 50 lakh. The Divisional Commissioner will sanction works above Rs 50 lakh and upto Rs 75 lakh. Works costing above Rs 75 lakh will be approved by the State Government. Technical approval will be given by the Implementing Agencies as per their Departmental rules.
16.6 Conditions for starting work. The requirement of labour for agriculture sector as well as of planned and non-planned works of the Government or local bodies will be met first. Thereafter labour potential of existing on-going SGRY, NFFWP, and EGS works will be fully exhausted. New works can be started only thereafter. New works can be commenced if only (a) at least 50 labourers become available for the works; and (b) the workers cannot be absorbed on the on the on-going scheme works / plan or non-plan works. However, exception can be made for horticulture and for works in hilly areas.
16.7 Measurement of work will be done within two to three days after the close of fortnightly muster roll so that the total wages can be paid within a fortnight.
16.8 Numbered muster rolls will be provided by the Block Programme Officer to the Gram Panchayat and all Implementing Agencies and their record will be maintained in the prescribed registers.
16.9 The test check of the measurement recorded by the agencies will be carried out by the vigilance unit of Collector or Commissioner.
16.10 Contractors are not permitted for implementation of any project. As far as practicable, a task funded under the scheme shall be performed by using manual labour and not machine.
16.11 The above mentioned procedure will be applicable to notified districts only. In the remaining districts, the requirement of labour for agriculture sector as well as of planned and non-planned works of the government / local bodies will be met first. Thereafter, labour potential of existing on-going EGS works will be fully exhausted. New EGS works can be started thereafter. New works under the scheme can be commenced only if (a) at least 25 labourers become available for that work, and (b) the workers cannot be absorbed on the on going EGS / Plan / Non-plan works for schemes. However, exception can be made for afforestation works and for works in hilly areas.
17 Worksite Facilities
17.1 Worksite facilities are to be ensured by the Implementing Agency. Medical aid, drinking water, shed, crèche if there are more than five children below six years, will have to be provided. A person engaged to attend to children will be deemed to be a worker under this scheme.
17.2 The cost of worksite facilities as indicated in para 17.1 will be included as part of programme cost and therefore has to be included in the cost estimate for each project.
17.3 If water is not provided by the Agency Re 1 per day will be given to the labourer for bringing water.
17.4 In addition to the above facilities, wired goggles for stone crushing labourers will be provided.
17.5 Sharpening and rent charges of tools and weapons brought by the labourers will be given Re 1 per day.
17.6 Ex-gratia payment at the rate of Rs 50,000 will be made to the family of the labourer in case of his death at the time of working. Ex-gratia payment will be made in case a labourer becomes handicapped. The amount will be according to the percentage of handicap. In case of 100% disability the ex-gratia payment will be same as in case of death.
17.7 If children accompanying labourers suffer from an accident or injury, they will be entitled to same ex-gratia payment as is given to the labourers.
17.8 Maternity benefit of 15 days leave with wages at the prevailing rate will be given to a woman labourer she has worked continuously for 75 days before her delivery. If she had been working for more than 75 days, payment will be given at the rate of one day’s wage for every five days and this benefit wll be given for maximum 150 days. If a woman labourer undergoes Tuboctomy, she will be entitled to 14 days’ leave with wages. A male labourer will be given leave for 7 days along with wages if he undergoes Vasectomy. If a woman works continuously for 5 days in the preceding two weeks, she will be entitled to two days leave with wages for copper-T surgery for the purpose of family planning.
17.9 The facilities and ex-gratia payment not covered under the NREGA, 2005 will be paid by the State Government.
18 Payment of wages
18.1 Every person working under the Scheme shall be entitled to wages, as per minimum wage rate fixed by the State Government for agricultural labour under Minimum Wages Act, 1948 unless the wages have been notified by the Central Government under Section 6(1) of the Act.
18.2 Equal wage shall be paid to both men and women workers and the provisions of Equal Remuneration Act, 1976 shall be complied with.
18.3 The payment of wages will be on fortnightly basis and not later than 15 days after the muster is closed for the fortnight.
18.4 Where the minimum wage rate fixed is linked to the task performed, the workers will be entitled to receive wages as per task performed. The schedule of rates will be so designed that a person working for seven hours would normally earn a wage equal to the wage rate.
18.5 The programme authorities shall make all efforts to publicize the wage rate / task-based rates in simple language and by means easily accessible to the rural population. Wage rates shall also be displayed prominently at every worksite.
18.6 The Block Programme Officer, the District Collector and the State Government will keep a watch on the average wages earned under task-based system, and if necessary, the schedule of rates may be revised to ensure that the earnings are near to the wage rate. The district wise average wage earned on task basis and paid to men and women shall also be brought to the notice of the State EGS Council every year.
18.7 The above mentioned procedure will be applicable to the notified districts. In other districts, the present procedure will be continued. That is, the works will continue to be executed departmentally by engaging labourers on muster rolls. The labourers will however not be paid according to the number of days they remain present on the work but are paid according to the quantity of work done on the basis of rates for different items are so fixed that an average person working diligently for 7 hours a day, will earn wage equal to the minimum wage prescribed for agriculture labour for the concerned zone, under the Minimum Wages Act. Exception is however made in the case of the work of gorge filling of tanks which is allowed to be done through piece workers so that it gets completed before onset of monsoon and risk of partly completed work getting washed away by flood is avoided. Similarly, exception is made for rock blasting work of canals. The minimum wages will be as per decided by Central / State Government from time to time.
19 Unemployment Allowance
19.1 If a worker who has applied for work is not provided employment within 15 days from the date on which work is requested, an unemployment allowance shall be payable by the State Government at the rate of 25 per cent of the wage rate for first 30 days later on 50 per cent of the wage rate but not more than the wages for 100 days.
19.2 The responsibility for payment of unemployment allowance shall be with the Block Programme Officer and in the notified districts. In other districts, the Tahasildar will be responsible for pament of unemployment allowance.
19.3 The Block Programme Officer will report to the District Collector about any incidence of unemployment allowance. The employment seeker will have to report daily to the Gram Panchayat where an unemployment allowance muster will be kept. The Gram Panchayat will mark daily until employment is provided. The unemployment register will be kept fortnightly. The corresponding entries will be made in Job Card also. As an Implementing Agency on each fortnight the Gram Panchayat will demand fund from the District Collector through the Block Programme Officer.
20.1 Financing Pattern. The Central Government will bear the costs on the following items:
* The entire cost of wages of unskilled manual workers.
* 75 per cent of the cost of material and wages of skilled and semi-skilled workers
* Administrative expenses as may be determined by the Central Government, which will include inter alia, the salary and allowances of the Block Programme Officer and his supporting staff and worksite facilities.
20.2 The State Government will bear the costs on the following items
* 25% of the cost of material and wages of skilled and semi-skilled workers.
* Unemployment allowance payable in case the State Government cannot provide wage employment on time.
* Administrative expenses of the State Employment Guarantee Council.
* All other expenses not specifically covered by the NREG Act, 2005.
21 Employment Guarantee Funds
21.1 The Central Government shall establish a fund to be called the National Employment Guarantee Fund to be managed according to the rules made for this purpose. The Central Government will release all grants to the State Government / notified districts for implementation of this Scheme.
21.2 The State Government shall establish a fund to be called the Maharashtra Employment Guarantee Fund to be managed according to the rules made for this purpose. The State Government will release all grants to the notified districts for implementation of this Scheme.
21.3 Separate Bank Accounts shall be opened for funds under the scheme at the District and Block levels. The Accounts shall be opened in nationalized banks. The District Collector will be a joint holder of the Account.
22 Allocation and release of funds
22.1 Allocation. The Scheme is demand driven and allocation of resources to the notified districts will depend on actual requirement based on utilization. The State will formulate and submit a District Annual Work Plan and Budget Proposals (AWPB) to the Central Government.
22.2 Release of funds. The Ministry of Rural Development, Government of India, will release funds to a Revolving Fund at the District Level to be operated as a joint account of Deputy Collector (EGS) and the District Collector.
23 Funding Procedure
23.1 Maharashtra Employment Guarantee Fund will be administered by the Secretary (MREGS). On the basis of the probable expenditure in the next quarter in each Block the District Collector will convey demand to the State Government. A cheque or draft will be given to the District Collector, who in turn will issue cheque to the Implementing Agencies.
23.2 At the district level a Joint Account of District Collector and Deputy Collector (MREGS) will be opened in a Nationalized Bank. The Block Programme Officer will assess fund requirement of each Implementing Agency for the muster closing in each fortnight and intimate to the District Collector the requirement for wages agency-wise for each fortnight within two days from the closing of muster. The District Collector will issue the cheques directly to the agency and the agency will encash it from the sub-treasury. The cheque signing authority will be the Deputy Collector (MREGS).
23.3 The initial installment as seed money for the Revolving Fund will released to the Districts, as may be decided by the Central Government, Ministry of Rural Development.
23.4 Gram Panchayats will be authorized to spend the money released to them on the works which have been sanctioned to be executed by them. After 60 per cent of the allocation given to any Gram Panchayat has been spent, the Gram Panchayat will apply to the Block Programme Officer for release of additional funds. The proposal of the Gram Panchayat will be accompanied by a statement of work-wise expenditure together with the report of the vigilance and monitoring committee duly approved by the Gram Sabha. The Block Programme Officer after satisfying himself about the proper utilization will release within two weeks the next installment equal to the amount utilized by the Gram Panchayat. The Gram Panchayat will be responsible to carry out any rectification in the proposal as directed by the Block Programme Officer.
23.5 The Block Programme Officer will send necessary proposal to the District Collector. Out of the funds placed at his disposal the District Collector will replenish the funds of the Gram Panchayat and also give funds to the other executing agencies for the works sanctioned to them for execution.
23.6 After utilizing 60 per cent of the funds earlier released the District Collector may apply for the next installment to the Ministry of Rural Development out of National Employment Guarantee Fund with the recommendation of the State Government. The proposal will be submitted in the prescribed proforma and the release will be subject to fulfillment of following conditions:
(a) Submission of Utilization Certificate showing that at least 50 per cent of funds / resources already released have been utilized at the time of submission of the proposal for next installment.
(b) Submission of Certificate regarding release and receipts of State Share against the Central Released made so far accompanied by the copy of the sanction order of the State share and certified copy of the Bank Statement indicating credit of the State Share duly authenticated by the Branch Manager and the Account Officer in charge of the NREGSAccount at the District level.
(c) Submission of non-diversion and non-embezzlement certificate.
(d) All pending progress / monitoring reports will have been sent.
(e) Submission of a statement about the number of inspections conducted by officers at Block, Sub-Divisional, District, Divisional and State-level.
(f)Any other condition imposed from time to time will also have to be complied with.
23.7 The release of Central share of funds during the next financial year will depend on submission of audit report and utilization certificate of the previous year to the satisfaction of the Ministry of Rural Development.
23.8 The Central Government will release funds equal to the expenditure incurred and admissible under the scheme. Based on the actual utilization pattern, the Central Government may release a higher installment of funds to the district if it is felt that the level of initial Installment fixed is not adequate to meet half-yearly requirements of the district. On the contrary, if the pace of utilization is slow, the Central Government may release a lesser amount.
23.9 State share of funds of the funds will be released by the State Government within 15 days of the release of central funds.
23.10 The above mentioned procedure will be applicable to the notified districts. In other districts credit limits will be given to the District Collector, who in turn will release credit limits to the Implementing Agencies.
24 Monitoring, Evaluation and Research
241 Gram Sabha will monitor all works at the village level and the employment provided to each household who is registered and requested for work. It will also monitor registration and issue of Job Cards and timely payment of wages.
24.2 Gram Panchayat will monitor the works implemented by the other implementing agencies and the muster rolls maintained by them at work sites and the payments made.
24.3 Panchayat Samiti and the Block Programme Officer will monitor registration, employment provided to each household, unemployment allowance paid social audit, flow of funds, timely and correct payment of wages, and quality of works.
24.4 Block Programme Officer shall be responsible to send all reports and returns to the District Collector who in turn shall send reports to the state and the Central Government.
24.5 The District Collector will monitor all aspects of implementation including registration, employment, unemployment allowance, social audit, funds flow, progress and quality of works and qualitative aspects of implementation timely and correct payment of wages and timely payment of unemployment allowance.
24.6 State Government and Divisional Commissioner shall monitor the performance of all districts on the quality and pace of implementation as laid down in the National Monitoring System and the guidelines of the State Employment Guarantee Council.
24.7 The State Government will send consolidated reports and returns to the Government of India.
24.8 Verification and Quality Audit by external monitors will be taken up at the district, state and Central levels.
24.9 The performance of States and Districts shall be monitored through a Comprehensive monitoring system which may be in addition to the Reports and returns specified in these guidelines. The Ministry of Rural Development will monitor the programme on the basis of monitoring system evolved by the Central Employment Guarantee Council. The Central Government will also monitor the programme through Block Programme Officers, Area Officers, district level monitors and national level monitors. A National on-line Monitoring system for key performance indicators will be evolved and all programmed implementation authorities from Block Programme Officer to district and State-level shall report regularly on this system.
24.10 Periodic Evaluation and Research Studies on the implementation of the Programme will be conducted from time to time. National Employment Guarantee Council and State Employment Guarantee Councils may conduct evaluation studies from time to time. Evaluation studies may be entrusted to the reputed institutions and organizations, on issues meriting detailed studies. These studies may be initiated by the Centre as well as the States / UTs. Copies of the evaluation studies conducted by any State will be furnished to the Central Government.
24.11 Remedial action shall be taken by the States / UTs on the basis of the observations made in these evaluation studies.
25 Management of data and maintenance of records
25.1 Management of Data. A key aspect of management in the scheme will therefore be maintaining data on all aspects of implementation. This will also be required by the Right to Information Act. A comprehensive computerized MIS will be developed to facilitate timely updation of information.
25.2 Records to be maintained
Registration Application Register. Every Gram Panchayat will maintain a register of applications / requests received for registration giving the name of the applicant, date of receipt of application or request and the date on which the job card is issued.
Job Card Register. Every Gram Panchayat will maintain a Job Card Register. A duplicate of the Job Card Register in the computerized form will be maintained in the office of the Block Programme Officer.
Employment Register. Every Gram Panchayat will maintain a register that records the demand received for employment and the employment allotted and employment availed.
Muster Rolls. All muster rolls duly numbered will be issued by the Block Programme Officer to Gram Panchayats and all executing agencies. Gram Panchayat and other executing agencies will maintain such muster rolls for every work in which name of the person on work, his job card number, days of work and absence, payment made shall be entered. Payment made and number of days of work will be entered in the household Job Card of every worker. Signature or thumb impression of the payee will be obtained on the muster roll. The original muster roll will form part of the Expenditure record of the executing agency. A photocopy of the muster roll will be kept for public inspection in every Gram Panchayat and in the office of Block Programme Officer.
Asset Registers. Each Gram Panchayat and every implementing agency will maintain Asset Register of all works sanctioned, executed and completed in the specified proforma. The information in the register will be reported by the Gram Panchayat and all other implementing agencies to the Block Programme Officer on the same proforma. The Block Programme Officer will compile the data in the computer and supply a copy to the District Collector. The implementing agencies which are executing works within the jurisdiction of more than one Block Programme Officer will send the data on the same proforma to the District Collector, who will compile the data received from Block Programme Officers and other implementing agencies who have reported the data of assets falling within the jurisdiction of more than one Block Programme Officer and will generate monthly and annual reports in the specified proforma and send it to the State Programme Coordinator and the Ministry of Rural Development through an electronic copy, e-mailed or online reported and a hard copy duly signed by the State Programme Coordinator.
Complaint Register. Complaint Register will be maintained at all the Panchayat levels and in the offices of the Programme Officer and the District Collector. Block Programme Officer and District Collector will install a complaint box at a conspicuous place in their offices and personally open it at regular intervals. The complaints received in such boxes will be entered in the complaint register.
26 Transparency and Accountability
26.1 Audit. Physical and financial audit of the works under the scheme are compulsory. This must be carried out at the end of the financial year by each district. The audit will be done either by Local Fund Auditors or by the Chartered Accountants appointed by the State Government. A copy of the audit note will be sent to the State Government.
26.2 The Accountant General will also conduct the Audit of Accounts of MREGS in addition to the audit conducted by the Chartered Accountant. The audit team of the AG shall be made available a copy of the audit conducted by the Chartered Accountant.
26.3 The Audit Report of the Chartered Accountant and the Utilization Certificate for previous year will be submitted latest by September next year by the District Collector. If the Audit Report is not received or if the observations of the Auditor and of the Ministry on the audit Report are not properly attended or complied with, to the satisfaction of the Ministry within the financial year, the Ministry will be within its right to stop the funds for the next financial year and the responsibility for payment of unemployment allowance arising out of the non-availability of funds for this reasons shall be on the State Government. The District Collector will ensure that the Opening and Closing Balance included in both the Audit Report and the Utilization Certificate tally. In case there is a variation due to any unavoidable reason, it has to be clearly explained with reasons to the satisfaction of the Ministry with documentary support, if any. If this is not done, the Ministry may stop further release in the next year.
26.4 Processing of reports of social audit by Gram Sabha. District Internal Audit Cell in the office of District Collector shall be constituted to scrutinize the reports of Gram Sabha and conduct a special audit, if necessary. A monthly report will be compiled and sent to the District Collector, State Programme Coordinator and the State Government who will initiate action for serious irregularities and also appropriate preventive action.
26.5 Applying Right to Information and Social Audit. The objective is to make the planning, implementation and evaluation of the MREGS more participatory, transparent and accountable through facilitating the exercise of people’s right to information and by encouraging social audits it involves ordinary citizens in vigilance and enforcing accountability in a very tangible and direct manner. Social Audit will not be retrospective, but an on-going process of participation to ensure legal guarantees and entitlements flow to the beneficiaries in a legitimate way. As such, there will be at least four stages at which social audit will be inbuilt. These are the pre-planning stage of communication and mobilization, planning, implementation, monitoring and evaluation. At each stage, social audit will be integrated into the critical activities that constitute the MERGS process.
26.6 Social Audit will have certain facilitating structures:
(a) For every work sanctioned under the scheme, there will be a local vigilance and monitoring committee of the villagers of the area belonging to the locality / village where the work is undertaken to monitor the progress and quality while work is in progress. The Gram Sabha will elect the members of this committee and ensure that SC / ST representatives and women are represented on it. This committee will be apprised by the implementing agency about the estimate of the work, time-frame and quality parameters. The final report of the committee would be attached along with the completion certificate of the work and would also be placed in the next meeting of the Gram Sabha of the Panchayat where work has been executed. A copy of the report will also be sent to the Block Programme Officer and the District Collector.
(b) Local beneficiary committees will also be considered for effective articulation of their entitlements and their access to them. It will be the responsibility of the Block Programme Officer to ensure that local monitoring committees / beneficiary committees are constituted.
26.7 Public access to key records and key information will be ensured at all levels. Records will be placed by the Gram Panchayat before the Gram Sabha once in every quarter. A summary of Muster Rolls will be read out for sample check.
26.8 There will be wide dissemination of information especially at the local level. Village equivalent of websites will be prepared. Use of Boards on Panchayats / Offices of Block Programme Officer and District Collector to display information on monthly data will be ensured.
26.9 All Information will be web enabled.
26.10 Training on Right to Information Act / Social Audit will be provided to Government employees and people.
26.11 Action on audit reports (including social audit) by the State Government. A copy of every audit report, whether conducted by the Chartered Accountant, local fund auditor or internal audit cell and auditors of AG or CAG, and Social Audit reports will be sent to the State Government concerned. State Government will ensure speedy action against concerned officials / non-officials for misappropriation of funds, frauds, wrong measurement, false entries in muster rolls and other irregularities of serious nature resulting in leakage of Government / public funds / resources and denial of entitlements of workers. The State Government will also take appropriate steps to prevent such irregularities.
26.12 Grievance Redressal Mechanisms. The Block Programme Officer will be the Grievance Redressal Officer at the block level and he District Collector at the District level for disposal of grievances. Gram Sabha will provide a forum for public hearings so that grievances may be redressed at appropriate levels. A system of appeal will be designated so that grievances at each level are addressed. Appeal against the Gram Panchayat will be to the Block Programme Officer. Appeal against the Block Programme Officer will be to the District Collector. Appeal against the District Collector may be with an appropriate authority designated by the State Government. The State Government may also designate an alternative Grievance Redressal authority at the block and district level and divisional levels. A HelpLine may be designed for grievance redressal. The State Government can also prepare and publicize a Citizen Charter. Action taken on the complaints received by the Block Programme Officer and the District Collector shall be placed before the meetings of the Panchayat Samiti and Zilla Parishad, respectively.
26.13 Annual reports
National Employment Guarantee Council will prepare Annual Report to be laid before the Parliament by the Central Government on the implementation of the Act.
The State Employment Guarantee Council will prepare an Annual Report to be laid before the State Legislature by the State Government. The Annual Reports will be placed before the Parliament and the State Legislatures by 31st December succeeding year.
26.14 Technical Resource Network. Employment Guarantee Scheme is a multi-faceted task requiring concerted efforts of multiple agencies. The State Government may consider setting up Technical Resource Support Groups at the State and district levels to assist in the planning, designing, monitoring and evaluation and quality audit of various initiatives as well as in training and hand-holding with a view to improving the quality and cost effectiveness of the Scheme. To facilitate technical resource support to the implementing agencies, especially at the district level, Government may identify Resource Institutions and prepare a panel of institutions / agencies for technical resource support. Such a panel of identified institutions may constitute the Technical Resources Network.
26.15 Technical Agencies. The State Government will place the SORs and standard designs on website and also, give wide publicity by other means.
26.16 Internal quality monitoring. Every State and District will design and enforce internal concurrent quality monitoring mechanism and it will provide for technical inspection of works by the high technical staff and follow-up of the inspection schedule and inspection reports.
26.17 Technical Agencies.
A) District Vigilance Squad under the District Collector to monitor, inspect the scheme work under scheme. The Executive Engineer will be the in charge of squad.
B) Divisional Level Vigilance Squad under Divisional Commissioner will monitor, inspect the work within Division
26.18 Expenditure on Quality Control. The expenditure on quality control may be met out of administrative grant on the norms as may be specified by the Ministry from time-to-time.
27 Convergence / Dovetailing with other programmes.
27.1 Convergence of MREGS will be permissible with funds from other sources to create durable assets. Care will be taken to ensure that MREGS funds are not substituted for resources from the other sectors and schemes because MREGS funds are intended to create additional employment and this will not happen if the employment currently created under other on going programmes is not shifted to the MREGS.
27.2 Funds available with the PRIs from other sources such as National Finance Commission, State Finance Commission, State Departments, other Central and Centrally Sponsored Schemes Swarnjayanti Gram Swarozgar Yojana (SGSY), Drought Prone Areas Programmes (DPAP), Rashtriya Sam Vikas Yojana (RSVY), Backward Area Grant, etc can also be dovetailed for construction of durable community assets / works permissible under the NREGA. However, NREGA funds will not be used as a substitute for Departmental Plan funds of different Departments and agencies. Funds from other programmes for the works permissible under the NREGA can be dovetailed with NREGA funds and not vice versa.
27.3 The projects which are likely to be taken up under other schemes like PMGSY will not be taken up under MREGS to avoid duplication. However, the areas not likely to be covered under other schemes may be taken up under MREGS. These aspects will be taken care of in the Perspective Plan.
27.4 Convergence with social sector programmes. Social sector programmes like literacy and health mission will be converged with MREGS to provide the benefits of those programmes to the beneficiaries of MREGS. However, the expenditure on services of social sector programmes will not be diverted to the MREGS.
28 Roles and Responsibilities of Key Agencies
28.1 Central Government.
* Make Rules
* Make and Issue Guidelines
* Notify areas of application of Act
* Budget Provision for and Release of Central share
* Set up Central Employment Guarantee Council
* Set up Central Employment Guarantee Fund
* Facilitate technical support
* Monitoring and Evaluation and Research
28.2 Central Employment Guarantee Council
* establish a central evaluation and monitoring system;
* advise the Central Government on all matters concerning the implementation of this Act;
* review the monitoring and redressal mechanism from time to time and recommend improvements required;
* Promote the widest possible dissemination of information about the Schemes made under this Act;
* monitoring the implementation of this Act;
* preparation of annual reports to be laid before Parliament by the Central Government on the implementation of this Act;
* Any other duty or function as may be assigned to it by the Central Government.
* The Central Council shall have the power to undertake evaluation of the various Schemes made under this Act and for that purpose collect or cause to be collected statistics pertaining to the rural economy and the implementation of the Schemes.
28.3 State Government
* Make Rules on matters pertaining to state responsibilities under the Act (32(1))
* Make and notify the Employment Guarantee Scheme
* Se up the Employment Guarantee Council
* Set up the Employment Guarantee Fund
* Budget Provision for and Release of State Share
* Planning and Implementation of Employment Guarantee Scheme
* Provide technical support
* Pay Unemployment Allowance if employment not given in 15 days despite adequate funds being available.
* Monitoring and Evaluation and Research
28.4 Employment Guarantee Council
* advising the State Government on all matters concerning the Scheme and its implementation in the State.
* Determining the preferred works.
* reviewing the monitoring and redressal mechanisms from time to time and recommending improvements;
* promoting the widest possible dissemination of information about this Act and the Schemes under it;
* monitoring the implementation of this Act and the Schemes in the State and coordinating such implementation with the Central Council;
* preparing the annual report to be laid before the State Legislature by the State Government.
* Any other duty or function as may be assigned to it by the Central Council or the State Government.
* The State Council shall have the power to undertake an evaluation of the Schemes operating in the State and for that purpose to collect or cause to be collected statistics pertaining to the rural economy and the implementation of the Schemes and Programmes in the State.
* Terms and conditions of the Chairperson and Members of the State Employment Guarantee Council shall be described by the State Government.
28.5 Gram Sabha.
* Assist in identification of beneficiaries
* Recommend developmental works
* Social audit of all projects within the Gram Panchayat Jurisdiction.
28.6 Panchayati Raj Institutions
* The Village, Intermediate and Zilla Parishads shall be the principal authorities for planning and implementation of the scheme made under the NREG Act.
* The Panchayats at all levels can be the implementing agencies under the Act.
* At least 50% works in terms of cost will be allotted to Gram Pabcgatats for implementation.
* The Gram Panchayat shall be responsible for identification of the projects to be taken up in its area under the scheme as per the recommendations of the Gram/ward Sabha and the same shall be forwarded to programme officer for scrutiny and preliminary approval.
* The Gram Panchayat shall prepare a development plan and maintain shelf of possible works to be taken up under the scheme as and when demand for work arises.
* The Panchayat Samiti shall approve the block level plan and forward the same to Zilla Parishad for approval.
* The Zilla Parishad shall finalize and approve block-wise shelf of projects to be taken up for Implementation under the scheme.
* The plan approved by Zilla Parishad will assign implementation responsibilities to various agencies like Panchayats, line departments, NGOs, etc.
28.7 Block Programme Officer
* Responsible for matching the demand for employment with the employment opportunities arising from projects in the area under his jurisdiction.
* Overall supervision and coordination of registration of applicants for employment and for providing wage employment in accordance with the provisions of the Act and the Scheme notified by the State.
* Prepare a plan for the Block under his jurisdiction by consolidating the project proposals prepared by the Gram Panchayats and the proposals received from Panchayat Samitis.
* Receive resources from District Programme Coordinator and the release them to the implementing agency in accordance with these Guidelines and the Scheme of the State Government.
* Maintain proper accounts of the resources received, released and utilized.
* Monitoring of projects taken up by the Gram Panchayats and other implementing/ executing agencies within his jurisdiction;
* Sanctioning and ensuring payment of unemployment allowance to the eligible households;
* ensuring prompt and fair payment of wages to all labourers employed under a programme of the Scheme within his jurisdiction;
* ensuring that regular social audits of all works within the jurisdiction of the Gram Panchayat are carried out by the Gram Sabha and that prompt action is taken on the objections raised in the social audit;
* dealing promptly with all complaints that may arise in connection with the implementation of the Scheme within the Block; and
* any other work as may be assigned to him by the District Programme Coordinator or the State Government.
* The Programme Officers shall-function under the direction, control and superintendence of the District Programme Coordinator.
28.8 District Collector
* To assist the Zilla Parishad in discharging its functions under this Act and any Scheme made there under;
* To consolidate the plans prepared by the Blocks and project proposals received from other implementing agencies for inclusion in the shelf of projects to be approved by the Panchayat at district level;
* to accord necessary sanction and administrative clearance, wherever necessary;
* to coordinate with the Programme Officers functioning within his jurisdiction and the implementing agencies to ensure that the applicants are provided employment as per their entitlements under this Act ;
* to review, monitor and supervise the performance of the Programme Officers;
* to conduct periodic inspection of the works in progress; and
* to redress the grievances of the applicants.
* to prepare in the month of December every year a labour budget for the next financial year containing the details of anticipated demand for unskilled manual work in the district and the plan for engagement of labourers in the works covered under the Scheme and submit it to the Zilla Parishad.
29.1 Government attaches the highest importance to the vigorous and effective implementation of the Maharashtra Rural Employment Guarantee Scheme and desires to impress on all officers at all levels under the jurisdiction of the different Government departments as also the Zilla Parishads and the Panchayat Samitis that they will look upon the MREGS as a challenging task of crucial value to a large segment of the under privileged section of the community in the rural areas and that they will render unstinted co-operation and assistance in the faithful and dedicated implementation of the scheme. It shall be the personal responsibility of the Collectors to secure this co-operation from all officers in the districts and to report to Government cases of failures, negligence or inadvertence.
29.2 Government also directs that the widest publicity will be given to these orders and operational procedures prescribed for planning and implementation of the Maharashtra Rural Employment Guarantee Scheme throughout the state so as to create an atmosphere of work consciousness for the creation of durable and productive assets calculated to result in the development of the rural economy.
Annexure - A
The districts (rural area) which are covered under NREG Act, 2005