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Yash Ajmani
Sativ Bhalla
INTRODUCTION:
The Ministry of Rural Development, Mahatma Gandhi National Rural Employment
Guarantee Act (Mahatma Gandhi NREGA) aims at enhancing livelihood security of
households in rural areas of the country by providing at least one hundred days of
guaranteed wage employment in a financial year to every household whose adult
members volunteer to do unskilled manual work. The Mahatma Gandhi NREGA
has become a powerful instrument for inclusive growth in rural India through its
impact on social protection, livelihood security and democratic governance.
Mahatma Gandhi NREGA is the first ever law internationally that guarantees wage
employment at an unprecedented scale. The Act came into force on February 2,
2006 and was implemented in a phased manner. In Phase I it was introduced in 200
of the most backward districts of the country. It was implemented in an additional
130 districts in Phase II 2007-2008. The Act was notified in the remaining rural
districts of the country from April 1, 2008 in Phase III. All rural districts are
covered under Mahatma Gandhi NREGA.
Job Card
(a) After due verification of place of residence and age of the member/s (only adult
members are eligible for employment), the registered household is issued a Job
Card.
(b) A Job Card is to be issued within 15 days of registration. Job Card forms the
basis of identification for demanding employment.
(c) The job card issued shall be valid for atleast five years after which, it may be
renewed after due verification.
(b) The Gram Panchayat / Programme Officer or authorised person will issue
a dated receipt of the written application for employment, against which the
guarantee of providing employment within 15 days operates.
Unemployment Allowance
(a) In case employment is not provided within fifteen days from the date of
registration of the demand for work or the date from which work has been
demanded in case of advance applications, whichever is later, he/she shall be
entitled to a daily unemployment allowance.
(b) Unemployment allowance shall be paid, as calculated automatically by the
computer system or the Management Information System and as provided
under the Act.
Planning
(a) Plans and decisions regarding the nature and choice of works to be
undertaken in a financial year along with the order in which each work is to be
taken up, site selection, etc. are all to be made in the Gram Sabha and ratified
by the Gram Panchayat.
(b) The districts shelf of works to provide employment are to be selected
from the list of permissible works. (c) The different categories of permissible
works are as follows:
(ii)
other Government Departments to achieve open defecation free status. and solid
and liquid waste management as per prescribed norms
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Social Audits
(a) Social Audit has to be done by the Gram Sabha at least once in every six
months.
(b) Concurrent social audit has to be done for all works every month.
Grievance Redressal
Grievance redressal mechanisms have to be put in place for ensuring a responsive
implementation process. All accounts and records relating to the Scheme are to be
made available for public scrutiny free of cost.
Funding
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Since its inception the Mahatma Gandhi NREGA has ensured social protection
for the most vulnerable and marginalized communities in rural India through
providing employment opportunities. This chapter lists the significant
achievements and outcomes of the Scheme since its, inception along with some
key findings from independent studies.
1. Enhanced Wage Earning and Livelihoods Security
Mahatma Gandhi NREGA has provided basic income security to a large
number of beneficiaries. It provides employment to around 5 crore
households, on an average, every year. This is almost one- fourth of the total
rural households in the country. Since its inception Mahatma Gandhi NREGA
Gandhi NREGA has been high and ranged between 4060 per cent across
each of the years of the Schemes implementation. SCs and STs participation
rate in the Scheme exceeds the percentage share in the total population in
most states. Works on private lands under the Act, has also greatly benefited
the marginalized. Since 200607, around 10 lakh households have benefited
under this category of works. An impact assessment of assets created on
individual lands under Mahatma Gandhi NREGA conducted during 2012-13
by Sambodhi Research and Communications Pvt. Ltd. has, inter alia, found
(i) increment in household income
(ii) improvement in cropping intensity
(iii) positive shift of small and marginal farmers to better remunerative crops
(iv) improved quality of assets, etc. The Scheme also provides an alternative
source of income for rural labourers, raising the reservation wage and
implicitly offering labourers bargaining powers in an otherwise
inequitable rural labour market. The Scheme has provided labourers
(particularly those who are in debt bondage or contract labour) with a
dignified choice of work.Mahatma Gandhi NREGA has also reduced
distress migration from traditionally migration-intensive areas The
beneficiary survey conducted by C&AG has shown that 80% of the total
38,376 sample beneficiaries were from marginalised sections including
SCs/STs/OBC.
4. Womens Empowerment
Various provisions under the Act and its Guidelines aim to ensure that women have
equitable and easy access to work, decent working conditions, equal payment of
wages and representation on decision- making bodies. From FY 200607 up to FY
201314 (upto Dec, 2013) the women participation rate has ranged between 40-51
per cent of the total person-days generated, much above the statutory minimum
requirement of 33 per cent. Infact, the participation rate of women under the
Scheme has been higher than in all forms of recorded work. Research studies also
indicate that Mahatma Gandhi NREGA is an important work opportunity for
women who would have otherwise remained unemployed or underemployed.iv
With an increased rate of participation and large amounts being spent on wages for
women, studies and field evidence suggest a positive impact of the Scheme on the
economic well-being of women. The Scheme has also led to gender parity in wages.
The NSSO 66th round indicated that Mahatma Gandhi NREGA has reduced
traditional wage discrimination in public works. Access to economic resources has
also had a favourable impact on the social status of women, for example women
have a greater say in the way the money is spent in households. A large percentage
of these women spend their money to avoid hunger, repay small debts,paying their
childs schooling, etc.
5. Natural Resource Regeneration and Sustainable Development
The works undertaken through Mahatma Gandhi NREGA give priority to activities
related to water harvesting, groundwater recharge, drought-proofing, and flood
protection. Its focus on eco- restoration and sustainable livelihoods has led over
time, to an increase in land productivity and aided the workers in moving from
wage employment to sustainable employment. With almost 53% works relating to
soil and water conservation, Mahatma Gandhi NREGA works focus on regenerating
the rural ecosystem and creating rural infrastructure that supports sustainable
livelihoods. A study conducted by Indian Institute of Science, Bangalore during
2012-13 has indicated that such works taken up under Mahatma Gandhi NREGA
have contributed to improved ground water levels, increased water availability for
irrigation, increased area irrigated by ground and surface water sources and
improved drinking water availability for humans and livestock.
6. Impact on Agricultural Productivity
Provision of water is vital for agriculture and ensuring food and water security in
rural India. Research suggests that water-related assets created under Mahatma
Gandhi NREGA have increased the number of days in a year water is available and
also the quantity of water available for irrigation. The increased availability of
water has also led to changes in crop patterns and increased area under cultivation
according to some studies. To further strengthen the Schemes synergy with
agriculture and sustainable livelihoods, the list of permissible works under
Mahatma Gandhi NREGA has been expanded. The expansion of works is likely to
improve the socio-economic conditions of marginalised sections of the society i.e.,
SC/ST/ Small and Marginal farmers/IAY beneficiaries/Forest Rights Act
beneficiaries, etc. since many of the new works are allowed on the land or
homestead of these sections.
application for work can be made through a call centre or through a web site or
through a kiosk set up for this purpose.
4. Participation of Marginalized Groups
To increase women participation in the Scheme, major initiatives are being
suggested including opening individual bank/post office accounts for all women
workers, identifying and providing Job Cards to widowed, deserted and destitute
women, who qualify as a household under the Act.
5. Organizing Workers
In order to access the entitlements under Mahatma Gandhi NREGA, the wage
seekers need to be made aware of various provisions of the Scheme. Thus,
during FY 2013-14, the States have been asked to organize Mahatma Gandhi
NREGA workers into labour groups. This would provide the workers a platform
for articulating a collective voice and facilitating registration of wage demand in
rural areas. A framework for organizing workers into groups has been outlined in
Mahatma Gandhi NREGA Operational Guidelines.
6. Interventions for Vulnerable Groups
In order to access the entitlements under Mahatma Gandhi NREGA, the wage
seekers need to be made aware of various provisions of the Scheme. Thus,
during FY 2013-14, the States have been asked to organize Mahatma Gandhi
NREGA workers into labour groups. This would provide the workers a platform
for articulating a collective voice and facilitating registration of wage demand in
rural areas. A framework for organizing workers into groups has been outlined in
Mahatma Gandhi NREGA Operational Guidelines. At least one labour intensive
public work with at least one work which is suitable for Particularly Vulnerable
Groups especially the aged and the disabled which shall be kept open at all times
to provide work as per demand.
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leakages. All non-eFMS States have been requested to move to the eFMS system
by the end of February 2014.
8. Expenditure Based Fund Release System (e-FRS)
To build on the eFMS and ensure that the fund flows are streamlined in such a way
that every State is assured of funds for implementation at all times, it is now
decided to allow release of funds to the States based on the actual expenditure and
not promised expenditure. The Expenditure based Fund Release Sysytem (EFRS)
will assure that funds are made available at State Employment Guarantee Fund
(SEGF) at a minimum assured level in such a way that there is neither parking nor
shortage of programme funds at the field level. The main features of the EFRS are:
a) Sanction order (funds sanctioned for release by the Centre taking into account the
approved Labour Budget and the Opening Balance of the State) will be given twice
a year i.e. on April 1st and Nov 1st each year. b) For each State, a Minimum Fund
Assured (MFA), which is a 14-day average expenditure based on historical
(including seasonal) considerations, will be worked out. Funds available at SEGF
will be maintained at this level all the time. c) As and when MFA is breached,
further releases will be made electronically and within 24 hours to replenish the
SEGF so that MFA is reached. d) For facilitating this release, NREGASoft has
developed a daily Statement showing the current amount in the SEGF vis--vis the
MFA. e) Where MFA has been breached and more funds are to be released (within
the sanctioned amount), the current funds release procedure using the CPSMS
platform will be used.
9. Revised Schedule I and Schedule II of the Mahatma Gandhi NREGA
a. Negative list: Works which are non-tangible, not measurable, repetitive such as,
removing grass, pebbles, agricultural operations, shall not be taken up. (Para 4(3),
Schedule-I)
b. Prioritisation for the creation of individual assets Works creating individual
assets shall be prioritised on land or homestead owned by households belonging to
the: (a) Scheduled Castes (b) Scheduled Tribes (c) nomadic tribes (d) denotified
tribes Mahatma Gandhi NREGA - Report to the People 28 (e) other families below
the poverty line (f) women-headed households (g) physically handicapped headed
households (h) beneficiaries of land reforms (i) the beneficiaries under the Indira
Awaas Yojana (j) beneficiaries under the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), and After
exhausting the eligible beneficiaries under the above categories, on lands of the
small or marginal farmers as defined in the Agriculture Debt Waiver and Debt
Relief Scheme, 2008 subject to the condition that such households shall have a job
card with at least one member willing to work on the project undertaken on their
land or homestead. (Para 5, Schedule I)
c. One work opened every time for vulnerable groups: At least one labour
intensive public work with at least one work which is suitable for Particularly
Vulnerable Groups especially the aged and the disabled which shall be kept open at
all times to provide work as per demand. (Para 9(1) Schedule I)
d. Unemployment allowance: In case work could not be provided as per demand
within the specified time limit, unemployment allowance shall be paid, as
calculated automatically by the computer system or the Management Information
System and as provided under the Act. The programme officer can reject the
unemployment allowance only on grounds of force majeure. (Para 12(1), Schedule
I)
e. Usage of local materials: For all works involving construction, cost effective,
labour intensive technologies and usage of local materials shall be employed as far
as possible. (Para 13(a) Schedule I)
f. Payment only on measurement: Payment shall only be made based on the
measurements taken at the worksite by the authorised personnel within three days
of closure of the muster roll. (Para 16, Schedule I)
g. Working hours: The schedule of rates of wages for various unskilled labourers
shall be fixed up so that an adult person worked for eight hours which include an
hour of rest will earn a wage which is equal to the stipulated wage rate; The
working hours of an adult worker shall be flexible but shall not spread over more
than twelve hours on any day. (Para 19, Schedule I)
h. A separate schedule of rates shall be finalised for women, the elderly, people
with disabilities and people with debilitating ailments so to improve their
participation through productive work.(Para 18, Schedule I)
i. One third of the administrative expenses at Gram Panchayat level: Out of
the administrative costs allowed under the Scheme, at least one third (1/3rd) shall
be utilised at the Gram Panchayat level to employ and pay the Gram Rozgar
Sahayak,other technical personnel as per the work done and for other administrative
expenses. (Para 24, Schedule I).
j. Concurrent social audit shall be done for all works every month. (Para 25(b),
Schedule I)
k. Distinct colour job card: If the job seeker is a single woman or disabled person
or aged person or released bonded labour or belonging to Particularly Vulnerable
Tribal Group, they must be given a special job card of a distinct colour which will
ensure them a special protection in providing work. (Para 1, Schedule II).
l. Delayed payment compensation: In case the payment of wages is not made
within fifteen days from the date of closure of the muster roll, the wage seekers
shall be entitled to receive payment of compensation for the delay, at the rate of
0.05% of the unpaid wages per day of delay beyond the sixteenth day of the closure
of muster roll. (Para 29(1), Schedule II)
10. Business Correspondent Model
The Ministry has encouraged the use of business correspondent model, smart cards
and bio-metrics to ensure that payment is made to Mahatma Gandhi NREGA
workers at their door-step.
11. Electronic Muster Roll (e-MR) Electronic Muster Rolls (e-MRs) are preprinted muster rolls digitally populated with the names of the workers who demand
works under Mahatma Gandhi NREGA. e-MRs are generated through NREGASoft.
Besides reducing processing time for payment of wages, e-MRs help in eliminating
fake muster rolls, reducing ghost workers and improving data entry into
NREGASoft.
Gandhi NREGA workers and facilitate their disposal in accordance with law; issue
directions for conducting spot investigation; lodge FIRs against the erring parties;
initiate proceedings; report his findings to the Chief Secretary of the State and the
Secretary, State Nodal Department for appropriate action against erring persons.
17. Additional days of Employment in Flood Affected District/ Talukas/Blocks
The Ministry has made a provision for sharing costs towards an additional 50 days
of employment over and above 100 days per household under Mahatma Gandhi
NREGA in notified flood affected Districts/Blocks/Talukas of Uttarakhand and
Odisha for the current financial year.
18. Roadmap for Convergence of Mahatma Gandhi NREGA with other
Schemes/ Programmes
The Ministry has stressed on States to organize State level convergence workshops
and formulate a roadmap for convergence. Fifteen States have conducted State level
convergence workshops and are in the process of formulating roadmaps for
convergence of Mahatma Gandhi NREGA with other Schemes/ programmes.
19. Formulation of Information Education and Communication (IEC) Plan
The Ministry has prepared an IEC Plan and shared with States. On the basis of
national IEC plan, States have been advised to prepare State IEC plans. Ten States
have so far prepared IEC plans.
20. Capacity Building of Mahatma Gandhi NREGA Functionaries
Creation of State Resource Team (SRT) on Mahatma Gandhi NREGA Operational
Guidelines: To acquaint the Mahatma Gandhi NREGA functionaries with the
provisions of Mahatma Gandhi NREGA Operational Guidelines, the Ministry with
National Institute of Rural Development conducted a three-day Training of Trainers
programme as a part of ten such training programmes. The prime objective of this
training was to develop a cadre of identified trainers/ experts in the subject matter
of Mahatma Gandhi NREGA implementation in respective States. These trained
functionaries will in turn create District Resource teams and in turn Block Resource
Teams.