Maharashtra Employment Guarantee Act, 1977

1

GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA ACT No. XX OF
1978.

The  Maharashtra  Employment
Guarantee  Act,  1977.

(As  modified  upto  the  6th  August  2014)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.

2014

[Price  : Rs.  21.00]

THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977.

PREAMBLE

SECTIONS

1.

2.

______________

CONTENTS

CHAPTER I

PRELIMINARY

Short title, extent and commencement.

Definitions.

CHAPTER II

GUARANTEE OF EMPLOYMENT IN RURAL AREAS

3.

Guarantee of rural employment to households.

CHAPTER III

EMPLOYMENT GUARANTEE SCHEMES AND UNEMPLOYMENT ALLOWANCE

Employment Guarantee Scheme for rural areas.

Conditions for providing guaranteed rural employment and facilities.

Wage rate.

Payment of unemployment allowance.

Non-disbursement of unemployment allowance in certain circumstances.

Dis-entitlement to receive unemployment allowance in certain circumstances.

CHAPTER IV

IMPLEMENTING AND MONITORING AGENCIES.

State Employment Guarantee Council.

District and Panchayat Samiti Level Committees and their functions.

Principal authorities for planning and implementation of Schemes.

3A.

3B.

3C.

3D.

3E.

3F.

4.

5.

6.

6-1A. District Programme Co-ordinator and Joint District Programme Co-ordinator.

6-1B.

Programme Officer, Joint Programme Officer, Additional Programme Officer
and Special Programme Officer.

6-1C. Responsibilities of the Gram Panchayats.

6-1D.

Social audit of work by Gram Sabha.

6-1E. Responsibilities of State Government in implementing Scheme.

6-1F. Grievances redressal mechanism.

7.

7A.

8.

9.

[Deleted]

[Deleted]

[Deleted]

Penalty for drawing unemployment allowance when employed elsewhere.

10.
H  4021—1

[Deleted]

PREAMBLE

SECTIONS

11.

[Deleted]

CONTENTS

CHAPTER V

ESTABLISHMENT OF EMPLOYMENT GUARANTEE FUND, MGNREGS STATE FUND OF
MAHARASHTRA, TRANSPARANCY AND ACCOUNTABILITY AND AUDIT.

12.

Establishment of Employment Guarantee Fund and its untilisation for the Scheme.

12A. Mahatma Gandhi National Rural Employment Gurantee Scheme State Fund of

Maharashtra.

12B.

12C.

Transparency and accountability.

Audit of accounts

CHAPTER VI

SCHEME IN URBAN AREAS

12D.

Implementation of Scheme in urban areas.

CHAPTER VII

SCHEME ON PRIVATE LANDS

12E.

Beneficiaries of private lands entitled to subsidies in certain circumstances.

13.

Amendment of certain enactments and rule of construction for references to
Scheme and Fund in Other laws.

CHAPTER VIII

MISCELLANEOUS

13A.

Commissioner’s powers to supervise and review implementation of Scheme in
each Division.

14.

Delegation of powers.

14A.

Penalties.

15.

16.

16A.

16B.

17.

Protection of action taken in good faith.

Act to have overriding effect.

Power to amend Schedules II and III.

[Deleted]

Power to make rules.

SCHEDULE I.

SCHEDULE II.

SCHEDULE III.

Maharashtra Employment Guarantee Act, 1977

1

MAHARASHTRA ACT No. XX OF 1978.1

(THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977)
(This  Act  received  the  assent  of  the  President  on  the  1st  October
1978, the assent was first published in the Maharashtra Government
Gazette, on the 3rd October 1978).

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51 of 1981.
47 of 1983 (03-03-1983)*
13 of 1989 (20-09-1984)*
27 of 1991 (30-12-1991)*
26 of 1993 (01-03-1992)*
6 of 1995 (07-10-1993)*+
51 of 2006 (31-10-2006)*++
06 of 2008 (22-02-2008)*+++
26 of 2014 (25-07-2014)*

Amended by Mah. 24 of 1980 (24-11-1980) * @
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An Act to make effective provision for securing the right to
work by 2[guaranteeing employment to every household whose
adult  members  volunteer  to  do  unskilled  manual  work  in
rural areas] in the State of Maharashtra.

WHEREAS it is expedient to make effective provision for securing the
right to work laid down in article 41 of the Constitution of India by
3[guaranteeing employment to every household whose adult volunteer
to do unskilled manual work in rural areas] in the State of Maharashtra;
AND  WHEREAS  it  is  necesary  to  engage  such  adult  persons  on
works which would bring into being  durable assets for the benefit of
the community and the economy ;

AND  WHEREAS  it  is  further  necessary  to  provide  for  continuing
employment of surplus rural manpower in cottage, village and small
industries and in agro-industries;

AND WHEREAS it is also necessary to make certain supplemental,
incidental  and  consequential  provisions  ;  it  is  hereby  enacted  in  the
Twenty-eighth Year of the Republic of India as follows :—

1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1977, Part V, Extra,

p. 179.

* This indicates the date of commencement of Act.
@ Maharashtra Ordinance No. XV of 1980 was replaced by Mah. 24 of 1980, s. 5.
+ Section 3 of Mah. 6 of 1995 reads as under :—

“ 3. Notwithstanding anything contained in sub-section (2) of section 7 of the principal Act,
every contract for gorge filling and waste-weir component of work of percolation and minor
irrigation tanks on behalf of the State Government under the Scheme, on the basis of Schedule
Contracts System executed during the period commencing on the 7th October 1993 and ending
on the date of publication of this Act in the Official Gazette, shall be deemed to be, and shall be
deemed always to have been, validly executed in accordance with law, as if the provisions of
section 7 of the principal Act, as amended by this Act, were in force at all material times when
such contract was executed.”.

Validation of
execution of
contracts on
Schedule
Contracts
System.

++ Maharashtra Ordinance No. 13 of 2006 was repealed by Mah. 51 of 2006, s.12.
+++ Maharashtra Ordinance No. 2 of 2008 was repealed by Mah. 5 of 2008, s.16.

2 These words were substituted for the words “guaranteeing employment to all adult persons who

volunteer to do unskilled mannual work in rural areas” by Mah. 26 of 2014, s. 2.

3 These words were substituted for the words “guaranteeing employment to all adult persons who

volunteer to do unskilled mannual work in rural areas” ibid, s. 3.

H  4021—1a

2

Maharashtra Employment Guarantee Act, 1977

1[CHAPTER-I

PRILIMINARY]

Short title,
extent and
commence-
ment.

1.

(1)  This  Act  may  be  called  the  Maharashtra  Employment

Guarantee Act, 1977.

2[(2) It extends to the whole of the State of Maharashtra.]
(3) It shall come into force in all the areas to which it extends on such 3date
as the State Government may, by notification in the Official Gazette, appoint.

Definitions.

2.

In this Act, unless the context otherwise requires,—

4[(a) “adult” or “adult person” means a person who has attained the

age of eighteen years;

(a-a1) “applicant” means the head of a household or any of its adult

members who has applied for employment under the Scheme;

(a-a2) “Block” means a community development area within a

district comprising of a group of Gram Panchayats;]

5[(a-1) “Central Act” means the Mahatma Gandhi National Rural

Employment Guarantee Act, 2005;]

6[(a-2)  “ Central  Council  ”  means  the  Central  Employment
Guarantee Council constituted under sub-section (1) of section 10 of
the Central Act ;]]

(b) “ the Committee ” means the District Level Committee, or, as
the case may be, the Panchayat Samiti Level Committee, constituted
under section 5 ;

7[(b-1) “District Programme Co-ordinator” means an officer of the
State Government designated as such under sub-section (1) of section
6-1A, for implementation of the Scheme in a district;

(b-2) “ Gram Panchayat” means a panchayat constituted under the

Maharashtra Village Panchayats Act;

(b-3) “household” means the members of a family related to each
other by blood, marriage or adoption and normally residing together
and sharing meals or holding a common ration card;”;]

42 of
2005.

III of
1959.

*

*

*

*

8[ *
9[(d) “ implementing agency” includes any Department of the State
Government, a Zilla Parishad, Panchayat Samiti, Gram Panchayat or
any local authority or Government undertaking authorized by the State
Government to undertake the implementation of any work under the
Scheme;]

*]

*

*

1 This heading was inserted by Mah. 26 of 2014, s. 4.
2 This sub-section was substituted, ibid, s. 5.
3 26th January 1979, vide G. N., P. D., No. EGS. 1077/87/EMP-5, dated 25th January 1979.
4 These clauses were substituted for clause (a) by Mah. 26 of 2014, s.6 (1).
5 Clause (a-1) was substituted, ibid, s.6 (2).
6 Clause (a-2) was inserted, by Mah. 51 of 2006, s.2 (a).
7 These clauses were inserted by Mah. 26 of 2014, s.6 (3).
8 Clause (c) was deleted by Mah. 27 of 2006, s.2.
9 Clause (d) was substituted by Mah. 26 of 2014, s.6 (4).

Maharashtra Employment Guarantee Act, 1977

3

(e)  “  implementing officer  ”  means  the  highest officer  of  the
implementing agency in the District or any officer subordinate to him
to whom any of the powers or duties of the agency have been entrusted ;
1[(e-a1) “Joint District Programme Co-ordinator” means an officer
of the State Government designated as such under sub-section (4) of
section 6-1A, for implementation of the Scheme in a district;

(e-a2) “Joint Programme Officer” means an officer appointed under

sub-section (1) of section 6-1B, for implementing the Scheme;]

II of
1948.

2[(e-1)  “minimum wage ”  means  the  minimum wage fixed for
agricultural labourers for the relevant Zone by the State Government
under section 3 of the Minimum Wages Act, 1948 ;]

3[(e-2) “MGNREGS State Fund of Maharashtra” means the Mahatma
Gandhi National Rural Employment Guarantee Scheme State Fund
of Maharashtra constituted under section 12-A;]

Mah.
V of
1962.

4[(f) “Panchayat Samiti area” means the local area of a Block
constituted under section 5 of the Maharashtra Zilla Parishads and
Panchayat Samitis Act, 1961;]
*

(g) 5[ *
6[(g-1) “preferred work” means any work which is taken up for

*]

*

*

*

*

*

implementation on a priority basis under a Scheme;]

(h) “ productive works ” means any works which, in the opinion of the
State Government, will directly or indirectly contribute to the increase of
production, or the absence of which will inhibit the increase of production;
(i) “ prescribed ” means prescribed by rules made under this Act;
7[(i-a) “Programme Officer” means an officer appointed under sub-

section (1) of section 6-1B, for implementing the Scheme;

(i-b) “project” means any work taken up under a Scheme for the

purpose of providing employment to applicants;]

8[(j) “rural area” means any area in the State except the urban area
within the meaning of clause (m-1) of this section and those covered
by  any  urban local  body  or  a  cantonment board  established  or
constituted under any law for the time being in force;]

9[(k) “Scheme” means the Employment Guarantee Scheme prepared

and published under section 3-A;]

10[(l) “ State Council ” means the Maharashtra State Employment

Guarantee Council constituted under section 4 ;

1 These clauses were inserted by Mah. 26 of 2014, s.6 (5).
2 Clauses (e-1) was inserted by Mah. 51 of 2006, s.2 (b).
3 Clauses (e-2) was inserted by Mah. 26 of 2014, s.6 (6).
4 Clause (f) was substituted, ibid, s.6 (7).
5 Clause (g) was deleted, ibid, s.6 (8).
6 Clause (g-1) was inserted, ibid, s.6 (9).
7 These clauses were inserted, ibid, s.6 (10).
8 Clause (j) was substituted, ibid, s.6 (11).
9 Clause (k) was substituted ibid, s. 6(12).
10 Clause (l), (m) and (n) were added by Mah. 51 of 2006, s. 2 (c).

4

Maharashtra Employment Guarantee Act, 1977

(m) “ unskilled manual work ” means any physical work which any
adult person is capable of doing without any skill or special training ;]
1[(m-1) “urban area” means the local area of a “C” Class Municipal
Council or a Nagar Panchayat constituted under the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act,
1965; ]

2[(n) “wage rate” means the wage rate referred to in section 3-C;]
(o) “Zilla Parishad” means the Zilla Parishad established under
section 6 of the Maharashtra Zilla Parishads and Panchayat Samitis
Act, 1961

Mah.
XL of
1965.

Mah.
V of
1962.

Guarantee of
rural
employement
to households.

Employment
Guarantee
Scheme for
rural areas.

3[CHAPTER II

GUARANTEE OF EMPLOYMENT IN RURAL AREAS.]

4[3. (1) Adult members of every rural household who volunteer to
do unskilled manual work in the rural areas shall have a right to work.
The State Government shall, in the rural area, provide work to every
household whose adult members volunteer to do unskilled manual
work, as guaranteed under sub-section (1) of section 3 of the Central
Act, in accordance with the Scheme made under this Act.

(2) The State Government shall make provisions for securing work
to every adult member of a household under the Scheme beyond the
period specified in sub-section (1) of section 3 of the Central Act.

(3) Every person who has done the work given to him under the
Scheme shall be entitled to receive wages at the wage rate for each
day of work.

(4) Save as otherwise provided in this Act, the disbursement of daily
wages shall be made on a weekly basis or in any case not later than a
fortnight after the date on which such work was done.]

5[CHAPTER III

EMPLOYMENT GUARANTEE SCHEMES AND UNEMPLOYMENT ALLOWANCE

3-A. (1) For the purposes of giving effect to the provisions of section 3,
the State Government shall, by notification in the Official Gazette, make
a Scheme, for providing guaranteed employment in a financial year to
every household in the rural areas covered under the Scheme as provided
under section 3 and whose adult members, by application, volunteer to
do unskilled manual work subject to the conditions laid down by or under
this Act or in the Scheme.

(2) The State Government shall publish a summary of the Scheme
made by it in at least two local newspapers, one of which shall be in a
vernacular language circulating in the area or areas to which such Scheme
shall apply, until then the Scheme in operation will continue.

1 Clause (m-1) was inserted by Mah. 26 of 2014, s.6 (13).
2 These clauses were substituted for clause (n) ibid, s.6 (14).
3 This heading was inserted, ibid, s. 7.
4 Section 3 was substituted, ibid, s.8.
5 This heading and sections 3-A to 3-F were inserted, ibid, s.9.

Maharashtra Employment Guarantee Act, 1977

5

(3) The Scheme made under sub-section (1) shall provide for the

minimum features specified in Schedule II.

(4) Every Scheme made under this Act shall be laid, as soon as may

be, after it is made, before each House of the State Legislature.

3-B.

(1) The State  Government may,  without prejudice to  the
conditions specified in Schedule III, specify in the Scheme the conditions
for providing guaranteed rural employment under this Act.

(2) The persons employed under any Scheme made under this Act shall
be entitled to such facilities not less than the minimum facilities specified
in Schedule III.

Conditions
for providing
guaranteed
rural
employment
and facilities.

3-C. (1) The wage rate specified by the Central Government under section

Wages rate.

6 of the Central Act shall be the wage rate for the purposes of this Act.

11 of
1948.

(2) Until such time as a wage rate is fixed under sub-section (1), the
minimum wage fixed by the State Government under section 3 of the
Minimum Wages Act, 1948, in its application to the State of Maharashtra,
for agricultural labourers, shall be considered as the wage rate applicable
to that area.

Payment of
unemployment
allowance.

3-D. (1) If an applicant is not provided employment within fifteen days
of receipt of his application seeking employment or, from the date on
which the employment has been sought in the case of an advance
application,  whichever  is  later,  he  shall  be  entitled  to  a  daily
unemployment allowance in accordance with this section.

(2) Subject to such terms and conditions of eligibility as may be
prescribed and subject to the provisions of this Act and the Schemes and
the economic capacity of the State Government, the unemployment
allowance payable under sub-section (1) shall be paid to the applicants of
a household, subject to the entitlement of the household at such rate as
may be specified by the State Government, by notification in the Official
Gazette, in consultation with the State Council :

Provided that, no such rate shall be less than one-fourth of the wage
rate for the first thirty days during the financial year and not less than
one-half of the wage rate for the remaining period of the financial year.
(3) The liability of the State Government to pay unemployment
allowance to a household during any financial year shall cease as soon as –
(a)  the  applicant is  directed  by  the  Gram Panchayat  or  the
Programme Officer to report for work either by himself or depute at
least one adult member of his household; or

(b) the period for which employment is sought comes to an end and
no member of the household of the applicant had turned-up for
employment.
(4) The unemployment allowance payable to the household of an
applicant jointly shall be sanctioned and disbursed by the Programme
Officer or such local authority (including the Zilla Parishad, Panchayat
Samiti or Gram Panchayat) as the State Government may, by notification
in the Official Gazette, authorize in this behalf.

6

Maharashtra Employment Guarantee Act, 1977

(5) Every payment of unemployment allowance under sub-section (1)
shall be made or offered not later than fifteen days from the date on which
it became due for payment.

(6) The procedure for payment of unemployment allowance shall be

such as may be prescribed.

Non-
disbursement
of unemploy-
ment
allowance in
certain
circum-
statnces.

3-E. (1) If the Programme Officer is not in a position to disburse the
unemployment allowance in time or at all for any reason beyond his
control,  he  shall  report  the  matter  to  the  District  Programme
Co-ordinator and announce such reasons in a notice to be displayed on
his notice board and the notice board of the Gram Panchayat and such
other conspicuous places as he may deem necessary.

Dis-
entitlement
to receive
unemploy-
ment
allowance in
certain
circum-
stances.

(2) Every case of non-payment or delayed payment of unemployment
allowance shall be reported in the annual report submitted by the District
Programme Co-ordinator to the State Government alongwith the reasons
for such non-payment or delayed payment.

(3) The State Government shall on a report by the District Programme
Co-ordinator, take all measures to make the payment of unemployment
allowance reported under sub-section (1) to the concerned household as
expeditiously as possible.

3-F. An applicant who,—

(a) does not accept the employment provided to his household under

a Scheme; or

(b) does not report for work within seven days of being notified by
the Programme Officer or the implementing agency to report for the
work; or

(c) continuously remains absent from work, without obtaining a
permission from the concerned implementing agency for a period of
more than one week or remains absent for a total period of more than
one week in any month,

shall not be eligible to claim the unemployment allowance payable
under this Act for a period of three months but shall be eligible to seek
employment under the Scheme at any time.]

1[CHAPTER IV

IMPLEMENTING AND MONITORING AGENCIES ]

State
Employment
Guarantee
Council.

2 [4. (1) For the purposes of regular monitoring and reviewing the
implementation of this Act, the State Government shall constitute a State
Council to be known as “ the Maharashtra State Employment Guarantee
Council” with a Chairperson and such number of official members as may

1 This heading was inserted by Mah. 26 of 2014, s. 10.
2 Section 4 was inserted by Mah. 51 of 2006, s.2 (c).

Maharashtra Employment Guarantee Act, 1977

7

be determined by it and not more than fifteen non-official members
nominated by the State Government from Panchayat Raj institutions,
organisations of workers and disadvantaged groups :

Provided that, not less than one-third of the non-official members

nominated under this sub-section shall be women :

Provided further that, not less than one-third of the non-official
members shall be belonging to the Scheduled Castes, the Scheduled
Tribes, the Other Backward Classes and Minorities.

(2) The terms and conditions subject to which the Chairperson and
members of the State Council may be appointed and the time, place and
procedure of the meetings (including the quorum at such meetings) of
the State Council shall be such as may be prescribed.

(3) The duties and functions of the State Council shall include,—

(i) advising the State Government on all matters concerning the
Scheme and its implementation ; determining and preparing the list
of the preferred works ;

(ii) reviewing the monitering and redressal mechanisms, from time
to time, and recommending improvements ; promoting the widest
possible dissemination of information about the Act and the Schemes
made thereunder ;

(iii) monitoring the implementation of this Act and the Schemes ;

(iv) preparing  the  annual  report  to be  laid  before  the  State

Legislature by the State Government ;

(v) any other duty or functions as may be assigned to it by the State

Government.

(4) The State Council shall have the power to undertake an evaluation
of the Schemes and for that purpose to collect or cause to be collected
statistics pertaining to the rural economy and the implementation of the
Schemes.]

1[(5) The State Council may constitute committees for discharging its

functions, in such manner as may be prescribed.]

5.

(1) The State Government shall constitute a District Employment
Guarantee  Committee  in  every  District  and  a  Panchayat  Samiti
Employment  Guarantee  Committee  in  every  Panchayat  Samiti  area.
2[On  every  District  Level  Committee  and  Panchayat  Samiti  Level
Committee  atleast  two  members  shall  be  appointed  from the persons
belonging  to  the Scheduled  Castes,  Scheduled  Tribes  and  Minorities
and two members shall be from the persons who have been employed on
the works of the Scheme :

1 This sub-section was inserted by Mah. 26 of 2014, s. 11.
2 This portion was substituted for the portion beginning with the words “On every District Level
Committee” and  ending with the words “appointed from the non-official members thereof.” by
Mah. 26 of 2014, s.12 (a).

H  4021—2

District and
Panchayat
Samiti Level
Committees
and their
functions.

8

Maharashtra Employment Guarantee Act, 1977

Provided  that,  atleast  one  member  of  such  Committees  shall  be  a

woman.]

(2) These Commmittees, shall, within their respective jurisdictions,
1[* *] review the implementation of the Scheme, from time to time, and
shall  suggest 2[to  the District  Administration] 3[*  *]  such  steps  as  in
their opinion are necessary for a more effective implementation of this
Act. 4[* *]

(3) Every District Level Committee shall co-ordinate the working of

the Panchayat Samiti Committees in the District.

Principal
authorities for
planning and
implementation
of Schemes.

5[6. (1) The Zilla Parishad at the District level, the Panchayat Samiti
at the Block level and the Gram Panchayat at the Village level shall be
the principal authorities for planning and implementation of the Schemes
made under this Act.

(2) The functions of the Zilla Parishad shall be,—

(a) to finalise and approve blockwise shelf of projects to be taken up

under a programmes under the Scheme;

(b) to supervise and monitor the projects taken up at the Block level

and District level; and

(c) to carry out such other functions as may be assigned to it by the

State Council, from time to time.

(3) The functions of the Panchayat Samiti shall be,–

(a) to approve the Block level plan for forwarding it to the Zilla

Parishad for final approval;

(b) to supervise and monitor the projects taken up at the Gram

Panchayat and Block level; and

(c) to carry out such other functions as may be assigned to it by the

State Council, from time to time.

(4) The District  Programme Co-ordinator and the Joint District
Programme Co-ordinator shall assist the Zilla Parishad in discharging
its functions under this Act and any Scheme made thereunder.

6-1A. (1) The Collector of the district or any other district level officer
of appropriate rank as the State Government may decide, shall be
designated as the District Programme Co-ordinator for the implementation
of the Scheme in the district.

(2) The District Programme Co-ordinator shall be responsible for the
implementation of the Scheme in the district in accordance with the
provisions of this Act and the rules made thereunder.

1 The words “supervise and” were deleted by Mah. 26 of 2014, s.12 (b) (i).
2 These words were substituted for the words “to the State Governement”, ibid, s.12(b) (ii).
3 The words  “and the Council” were deleted by Mah. 27 of 1991, s. 4.
4 The portion beginning with the words “The Collector and the Samiti Officers” and ending with

the words “made by the Committees.” were deleted by Mah. 26 of 2014, s. 12 (b) (iii).

5 These sections were substituted for section 6, ibid, s. 13.

District
Programme
Co-ordinator
and Joint
District
Programme
Co-ordinator.

Maharashtra Employment Guarantee Act, 1977

9

(3) The functions of the District Programme Co-ordinator shall be,–
(a) to assist the Zilla Parishad in discharging its functions under

this Act and any Scheme made thereunder ;

(b) to consolidate the plans prepared by the Blocks and project
proposals received from other implementing agencies for inclusion in
the shelf of project to be approved by the Zilla Parishad ;

(c) to accord necessary sanction and administrative approval,

wherever necessary ;

(d) to co-ordinate 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 ;

(e)  to  review, monitor  and  supervise  the performance  of  the

Programme Officers ;

(f) to conduct periodic inspection of the works in progress ;  and
(g) to redress the grievances of the applicants.

(4) The Chief Executive Officer of Zilla Parishad or any other district
level officer of appropriate rank as the State Government may decide,
shall be designated as the Joint District Programme Co-ordinator. The
Joint  District  Programme  Co-ordinator  shall  assist  the  District
Programme Co-ordinator, in implementation of the Scheme and carrying
out his functions under this Act and the Scheme made thereunder in
respect of Zilla Parishad, Panchayat  Samiti and  Gram Panchayat
concerned.

(5) The State Government shall delegate such administrative and
financial powers to the District Programme Co-ordinator and Joint
District Programme Co-ordinator as may be required to enable them to
carry out their functions under this Act.

(6)  The  Programme  Officer  and  all  other  officers  of  the  State
Government having for their jurisdiction an area not bigger than the
district and local authorities and bodies functioning within the district
shall be responsible to assist the District Programme Co-ordinator in
carrying  out his functions  under  this  Act  and the  Schemes  made
thereunder.

(7) The District Programme Co-ordinator shall 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.

6-1B. (1) The Tahsildar or any other officer of the appropriate rank,
as  the  State Government  may  decide,  shall  be designated  as  the
Programme Officer for the implementation of the Scheme in the Taluka.
The Block Development Officer of the Panchayat Samiti or any other
taluka level officer of appropriate rank as the State Government may
decide, shall be designated as the Joint Programme Officer :

H  4021—2a

Programme
Officer, Joint
Programme
Officer,
Additional
Programme
Officer and
Special
Programme
Officer.

10

Maharashtra Employment Guarantee Act, 1977

Provided that, the State Government may also designate any officer
of the appropriate rank for any rural area within the Panchayat Samiti
area, as the Additional or Special Programme Officer.

(2) The Programme Officer and Joint Programme Officer shall, in such
manner as the State Government or District Programme Co-ordinator
may, by order direct, assist the Panchayat Samiti in discharging its
functions under this Act and any Scheme made thereunder.

(3) The Programme Officer shall be responsible for matching the
demand for employment with the employment opportunities arising from
projects in the area under his jurisdiction.

(4) The Programme Officer shall 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 Samiti.

 (5) The functions of the Programme Officer shall include,—

(a) monitoring of projects taken up by the Gram Panchayats  and

other implementing agencies within the Block ;

(b) sanctioning and ensuring payment of unemployment allowance

to the eligible households ;

(c) ensuring prompt and fair payment of wages to all labourers

employed under a programme of the Scheme within the Block ;

(d) 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 ;

(e) dealing promptly with all complaints that may arise in connection

with the implementation of the Scheme within the Block ; and

(f) any other work as may be assigned to him by the District
Programme Co-ordinator and Joint District Programme Co-ordinator
or the State Government.

(6) The Programme Officer, Joint Programme Officer, Additional
Programme Officer and Special Programme Officer shall function under
the direction, control and  superintendence of the District Programme
Co-ordinator.

(7) The State Government may, by order, direct that all or any of the
functions of the Programme Officer shall be discharged by a Joint
Programme Officer, Additional Programme Officer or Special Programme
Officer.

(8) Without prejudice to the provisions of sub-section (7), the State
Government may, by order, direct that all or any of the functions of a
Programme Officer, Joint Programme Officer, Additional Programme
Officer and Special Programme Officer shall be discharged by the Gram

Maharashtra Employment Guarantee Act, 1977

11

Panchayat or a local authority.

(9) The Joint Programme Officer shall assist the Programme Officer,
Joint District Programme Co-ordinator and District Programme Co-
ordinator in implementation of the Scheme for carrying out his functions
under this Act and the Scheme made thereunder in respect of Panchayat
Samiti and Gram Panchayat concerned.

6-1C. (1) The Gram Panchayat shall be responsible for identification
of the projects in its area to be taken up under a Scheme as per the
recommendations of the Gram Sabha for the executing and supervising
such works.

Responsibilities
of the Gram
Panchayats.

(2) A Gram Panchayat may take up any project under a Scheme within
the area of the Gram Panchayat as may be sanctioned by the Programme
Officer.

(3) Every Gram Panchayat shall, after considering the recommendations
of Gram Sabha, prepare a development plan and maintain a shelf of possible
works to be taken up under the Scheme as and when demand for work
arises.

(4)  The  Gram  Panchayat  shall  forward  its  proposals  for  the
development projects including the order of priority between different
works to the Programme Officer for scrutiny and preliminary approval
prior to the commencement of the year in which it is proposed to be
executed.

(5) The Programme Officer shall allot not less than fifty per cent. of
the works in terms of its cost under a Scheme to be implemented through
the Gram Panchayat.

(6) The Programme Officer shall supply each Gram Panchayat with,—

(a) the muster rolls for the works sanctioned to be executed by it;

and

(b) a list of employment opportunities available elsewhere to the

residents of the Gram Panchayat.

(7) The Gram Panchayat shall allocate employment opportunities

among the applicants and ask them to report for work.

(8) The works taken up by a Gram Panchayat under a Scheme shall

meet the required technical standards and measurements.

6-1D. (1) The Gram Sabha shall monitor the execution of works within

the area of the Gram Panchayat.

(2) The Gram Sabha shall conduct regular social audits of all the
projects  under the Scheme taken  up within  the  area  of the  Gram
Panchayat.

(3) The Gram Panchayat shall make available all relevant documents
including the muster rolls, bills, vouchers, measurement books, copies

Social audit of
work by Gram
Sabha.

12

Maharashtra Employment Guarantee Act, 1977

Responsibilities
of State
Government in
implementing
Scheme.

of sanction orders and other connected books of accounts and papers to
the Gram Sabha for the purpose of conducting the social audit.

6-1E. The State Government shall make available to the District
Programme Co-ordinator, Joint District Programme Co-ordinator, the
Programme Officer, Joint Programme Officer, Additional Programme
Officer and Special Programme Officer, the necessary staff and technical
support as may be necessary for the effective implementation of the
Scheme.

Grievances
redressal
mechanisim.

6-1F. The State Government shall, by rules, determine appropriate
grievance redressal mechanisms at the Block level and the District level
for dealing with any complaint by any person in respect of implementation
of the Scheme and lay down the procedure for disposal of such complaints.]

1[*

7.
9. Any person—

*

*

*

*

*]

Penalty for
drawing
unemployment
allowance
when
employed
elsewhere.

(a) who has an employment but sends a letter asking for employment
2[under sub-section (2) of section 3] and draws unemployment allowance
under 3[sub-section (1) section 3-D] ; or

(b) who is in receipt of unemployment allowance under 4[sub-
section (1) of section 3-D] and accepts employment elsewhere but does
not bring this fact to the notice of the 5[Programme Officer] and
continues to draw unemployment allowance under that sub-section,

shall, on conviction, be punished with simple imprisonment for a term
which may extend to one month or with fine which may extend to five
hundred rupees or with both.

6[

*

*

*

*

*

*]

7[CHAPTER  V
ESTABLISHMENT OF EMPLOYMENT GUARANTEE FUND,
MGNREGS STATE FUND OF MAHARASHTRA, TRANSPARANCY AND
ACCOUNTABILITY AND AUDIT]

Establishment
of Employment
Guarantee
Fund and its
utilisation for
the Scheme.

12.

(1) On the date of commencement of this Act, a Fund to be called

the Employment Guarantee Fund shall be deemed to be established.

(2) Any amount standing to the credit of the Employment Guarantee
Fund  established  under  the  Maharashtra  State  Tax  on  Professions,

1 Sections 7, 7A and 8 were deleted by Mah. 26 of 2014, s.15.
2 These words, brackets and figures were substituted for the words, brackets and figures “under

sub-section (3) of section 8”, by Mah. 26 of 2014, s. 16 (i) (a).

3 These words, brackets and letters were substituted for the words, brackets and figures “under

sub-section (4) of that section”, ibid, s. 16 (i) (b).

4 These words, brackets, figures and letters were substituted for the words, brackets and figures

“sub-section (4) of that section”, ibid, s. 16 (ii) (a).

5 These words were substituted for the words “Samiti Officer” ibid, s. 16 (ii) (b).
6 Sections 10 and 11 were deleted, ibid, s.17.
7 This heading was inserted, ibid, s. 18.

Mah.
XVI of
1975.
Mah.X
VII of
1975.

Maharashtra Employment Guarantee Act, 1977

13

Trades,  Callings  and  Employments  Act,  1975  read  with  the
Maharashtra Tax Acts (Amendment) Act, 1975, shall stand transferred
to,  and  form  part  of,  the  Fund  deemed  to  be  established  under  sub-
section (1) with effect from the date of commencement of this Act.

(3) The following shall form part of, or be paid into, the fund, namely :—

1[(a) the amounts transferred to the Fund under section 30 of the
Maharashtra  State  Tax  on  Professions,  Trades,  Callings  and
Employments Act, 1975 ; ] ;

(b) any contributions or grants made by the State Government, the

Mah
XVII
of
1975.

2[* *] or any local authority ;

3[ *

*

*

*

*

*

*

*]

(c) any sums received from other bodies or individuals, whether

incorporated or not.

4[(3A) The State Government shall allocate requisite funds for

effective implementation of the Scheme.]

(4) Any  amount  transferred  or  credited  to  the  Fund  shall  be

charged on the Consolidated Fund of the State.

(5) The amount standing to the credit of the Fund shall be expended in
such manner and subject to such conditions as may be prescribed for the
purpose of implementing the Scheme 5[including for meeting the administrative
charges and for making ex-gratia payments as provided under this Act.]

(6) Temporary  diversons  of  funds  for  utilisation  on  other
departmental schemes or plan schemes, which have for their objective,
the generation of employment or the creation of productive assets or
both may be permitted by the State Government’s subject to the Fund
being reimbursed by such amount in the same or next financial year.

(7) The Fund shall be held and administered on behalf of the State
Government  by  an  officer  not  below  the  rank  of  a  Secretary  to  the
State  Government,  subject  to  such  general  or  special  directions  as
may be given by the State Government, from time to time.

6[12-A. (1) The State Government shall separately constitute a fund
called as MGNREGS State Fund of Maharashtra, as required under
section 21 of the Central Act. Such Fund shall not be the part of the
Employment Guarantee Fund constituted under section 12.

 (2) Any sum received under section 28 of the Central Act and the
contribution of the State Government as required under section 22 of

1 Clause (a) was inserted by Mah. 5 of 2008, s. 14(a).
2 The words “, the Central Government” were deleted, ibid, s. 19(i).
3 Clause (b-1) was deleted, ibid, s. 19(ii).
4 Sub-section (3A) was inserted by Mah. 5 of 2008, s. 14 (b).
5 These words were added by Mah. 47 of 1983, s.3.
6 Section 12-A to 12-C and Chapter VI and section 12-D and Chapter VII and section 12-E, were

inserted by Mah. 26 of 2014, s.20.

Mahatma
Gandhi
National
Rural
Employment
Guarantee
Scheme State
Fund of
Maharashtra.

14

Maharashtra Employment Guarantee Act, 1977

the Central Act shall be credited to the MGNREGS State Fund of
Maharashtra.

(3) The amount standing to the credit of the MGNREGS State Fund of
Maharashtra shall be expended in rural areas in such manner and subject
to such conditions and limitations as may be prescribed by the State
Government for the purpose of implementation of this Act.

(4) The MGNREGS State Fund of Maharashtra shall be held and
administered on behalf of the State Government in such manner and by
such authority as may be prescribed.

(5) On completion of a work taken up under the Scheme under the
Central Act, if it is necessary to take up additional skilled work of that
completed work, for upgradation in technical quality of said work or as
value addition, the State Government may provide supplementary funds
as necessary or provide for convergence.

Transparency
and
accountability.

12-B. (1) The District Programme Co-ordinator, the Joint District
Programme Co-ordinator and all implementing agencies in the District
shall be responsible for the proper utilization and management of the
funds placed at their disposal for the purpose of implementing a Scheme.

(2) The State Government may prescribe the manner of maintaining
proper  books  and  accounts  of  employment  of  labourers  and  the
expenditure incurred in connection with the implementation of the
provisions of this Act and the Schemes made thereunder.

(3) The State Government may, by rules, determine the arrangements
to be made for the proper execution of Schemes and programmes under
the Schemes and to ensure transparency and accountability at all levels
in the implementation of the Schemes.

(4) If any dispute or complaint arises concerning the implementation of
a Scheme by the Gram Panchayat, the matter shall be referred to the
Programme Officer or, the Joint Programme Officer, as the case may be.

(5) The Programme Officer shall enter every complaint in a complaint
register  maintained by him and  shall dispose  of the disputes and
complaints within seven days of its receipt and in case it relates to a matter
to be resolved by any other authority it shall be forwarded to such
authority under intimation to the complainant.

Audit of
accounts.

12-C.(1)  The State  Government  may,  in consultation  with  the
Comptroller  and Auditor  General  of  India, prescribe  appropriate
arrangements for audits of accounts of the Scheme at all levels.

(2) The accounts of the Scheme shall be maintained in such form and

in such manner as may be prescribed.

Maharashtra Employment Guarantee Act, 1977

15

CHAPTER VI

SCHEME IN URBAN AREAS

12-D. The  State  Government  may,  by  notification  in  the
Official Gazette, implement the Scheme in urban areas and for that
purpose make such modifications in the Scheme prepared under section
3-A, as may be deemed necessary.

Implementation
of Scheme in
urban areas.

CHAPTER VII

SCHEME ON PRIVATE LANDS

12-E. (1) When as a result of the works being taken up under the
Scheme on a private land, the holder thereof is benefitted directly, then,
notwithstanding the fact that under the provisions of any other law, or
any executive orders, for the time being in force such holder shall be
entitled  to  a  subsidy  in  respect  of  such  works  at  such  rates
as may be prescribed by the State Government.

Beneficiaries
of private
lands
entitled to
subsidies in
certain
circumstances.

(2) The subsidy under sub-section (1) shall be paid from and out of the

State Employment Guarantee Fund established under section 12.]

13.

(1) The enactments specified in the second column of 1[Schedule I]
are hereby amended in the manner and to the extent specified in the
third column thereof.

(2)  All  references  in  any  other  law  or  in  any  instruments  for  the
time being in force to the Employment Guarantee Scheme or Fund of
the  State  Government  or  in  the  State  of  Maharashtra,  shall  be
construed as  references to the  Scheme or the  Fund, as the  case may
be, under this Act.

Amnendment
of certain
enactments
and rule of
construction
for reference
to Scheme
and Fund in
other laws.

2[CHAPTER VIII

MISCELLANEOUS]

Commissioner’s
power to
supervise
and review,
implementation
of Scheme in
each
Division.

3[13-A.

(1) The  Commissioner  of  the  Division,  or  any  officer  or
officers not below the rank of 3[Deputy Commissioner] designated by
him  in  this  behalf,  shall  be  competent  to  supervise  and  review  the
implementation  of  the  Scheme  in  the  Division.  The  Commissioner
shall  be  competent  to  issue  directions 4[to  the  District  Programe  Co-
ordinator, Joint District Programme Co-ordinator, Programme Officer,
Joint  Programme  Officer,  Additional  Programme  Officer,  Special
Programme  Officer  and  all  other  officers  (including  divisional  level
officers)  of  the  implementing  agencies,  local  authorities  and  other
bodies in the Division] regarding implementation of the Scheme, and
it shall be incumbent on all of them to carry out such directions.

1 This word and figure were substituted for the words “ the Schedule” by Mah. 51 of 2006, s.7.
2 This heading was inserted, by Mah. 26 of 2014, s.21.
3 Section 6A was inserted by Mah. 24 of 1980, s.2 and was renumbered as section 13 A, and in sub-
section (1) as so renumbered these words were substituted for the words “Assistant Commissioner”
ibid, s.14 (i) (a).

4 These words and brackets were substituted for the words “the collectors, other officers (Including

divisional level officers), local authorities and other bodies”, ibid, s.14 (i) (b).

H  4021—3

16

Maharashtra Employment Guarantee Act, 1977

(2) For the purpose of implementation of the Scheme, 1[the District
Programme  Co-ordinator,  Joint  District  Programme  Co-ordinator,
Programme  Officer,  Joint  Programe  Officer,  Additional  Programme
Officer,  Special  Programme  Officer  and  all  other  officers  (including
divisional level officer) of the implementing agencies, local authorities
and other bodies in the Division] shall be responsible and subordinate
to the Commissioner to such extent and in such manner as the State
Government may direct.

2[(3)  The  State  Government  may  confer  the  powers  of  Divisional
Commissioner  to  supervise  and  review  the  implementation  of  the
Scheme for any area to any other appropriate level officer.]

14. The  State  Government  may,  by  notification  in  the Official
Gazette, direct that the powers exercisable by it, except the powers to
make the Scheme and the rules, 3*
* shall, in such circumstances
and  under  such  conditions,  if  any,  as  may  be  specified  in  the
notification, be exercisable also by such officer or officers subordinate
to it as may be specified in the notification.

*

Delegation of
powers.

Penalties.

4[14A. Whoever contravenes the provisions of this Act, other than
section  9,  shall,  on  conviction,  be  punished  with  a  fine  which  may
extend to one thousand rupees 5[and shall also be liable for disiplinary
action  in  accordance  with  the  relevant  service  rules  and  directions
issued by the Central Government under section 27 of Central Act.]

Protection of
action taken
in  good faith.

15. No  suit,  prosecution  or  other  legal  proceedings  shall  lie
against  the  State  Government  or  any  authority  or  officer  or  body  or
person for anything which is in good faith done or intended to be done
in pursuance of this Act or the Scheme or the rules made thereunder.

Act to have
overriding
effect.

16. The  provisions  of  this  Act  or  the  Scheme,  rules,  notifications
or orders made or issued thereunder shall have effect notwithstanding
anything  inconsistent  therewith  contained  in  any  other  law  for  the
time  being  in  force  or  in  any  instrument  having  effect  by  virtue  of
such law.

1 These  words  and  brackets  were  substituted  for  the  words  “the  Collectors,  other  officers,
local  authorities  and  other  bodies  in  the  Division”,  by  Mah.  26  of  2014,  s.14  (ii).

2 Sub-section (3)  was  inserted,
3 The  words,  brackets  and  figures  “and  the  scheme  for  educated  unemployed  referred

ibid.,  s.14(iii).

to  in  sub-section  (6)  of  section  12,”  were  deleted  by  Mah.  24  of  1980,  s.4.

4 Section  14A  was  inserted  by  Mah.  51  of  2006,  s.8.
5 This  portion  was  added  by  Mah.  26  of  2014,  s.22.

Maharashtra Employment Guarantee Act, 1977

17

1[16A.

2[(1)]  The  State  Government  may,  from  time  to    time,  by

notification in the Official Gazette, amend the Schedule II or Schedule III, by

adding  or  modifying  or  deleting  any  entry  therein    and  thereupon,

Power to
amend
Schedules II
and III.

the said Schedule shall be deemed to have been amended accordingly.

2[Provided  that,  such  Schedules,  after  such  amendment,  shall  be  in

conformity  with  the  minimum  terms  and  conditions  with  minimum

entitlements, specified in Schedule I or, as the case may be, Schedule II to

the Central Act, for the time being in force.]

3[(2) A copy of every notification issued under sub-section (1) shall be

laid,  as  soon  as  may  be,  after  it  is  issued,  before  each  House  of  the  State

Legislature.]

4 *

*

*

*

*

17.

(1) The power to make rules under this Act shall be exercisable   by

the State Government by notification in the Official Gazette.

Power  to
make rules.

(2) Without prejudice to any power to make rules contained elsewhere in

this Act, the State Government may make rules consistent with this Act to

carry out the purposes of this Act.

(3) All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of

previous publication.

(4) Every rule made under this Act shall be laid, as soon as may be after

it is made, before each House of the State Legislature, while it is in session

for a total period of thirty days, which may be comprised in one session or

in two or  more successive sessions, and  if before the expiry  of the session

immediately following the session or the successive sessions aforesaid, both

Houses agree in making any modification in the rule or both Houses agree

that the  rule should  not be made,  and notify such  decision in  the Official

Gazette, the rule shall from the date of publication of such notification have

effect only in such modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall be without prejudice

to the validity of anything previously done under that rule.

1 Sections  16A  was  inserted  by  Mah.  51  of  2006,  s.9.
2 Sections  16A  was  renumbered  as  sub-section (1)  and  in  sub-section (1)  as  so  renum-

bered  the  proviso  was  added  by  Mah.  26  of  2014,  s.23 (i).

3 Sub-section (2)  was  inserted, ibid.,  s.23 (ii).
4 Section  16B  was  deleted ibid.,  s.24.

H  4021—3a

Mah.
XX of
1978.

Mah.
XX of
1978.

Mah.
XX of
1978.

Mah.
XX of
1978.

18

Maharashtra Employment Guarantee Act, 1977

1[SCHEDULE-I]
(See section 13)

Serial
No.
(1)

Short title and
number of enactment
 (2)

1

The  Bombay  Sales  Tax  Act,

1959 (Bom. LI of 1959).

Amendments

(3)

In section 15A-I, for the words “ in the State of
Maharashtra, ”  the  words  and  figures
“ under  the  Maharashtra  Employment
Guarantee Act, 1977, ” shall be substituted.

2

3

4

The Maharashtra Education
and Employment Guarantee
(Cess)  Act,  1962  (Mah.
XXVII of 1962).

In  section 6A,  for  the words  “  in  the State  of
Maharashtra,”  the  words  and  figures
“  under  the  Maharashtra  Employment
Guarantee Act, 1977, ” shall be substituted.

The Maharashtra Increase of
Land  Revenue  and  Special
Assessment  Act,  1974
(Mah. XX of 1974).

In  section  3,  for  the  words  “  in  the  State  of
Maharashtra,” the words and figures “ under
the  Maharashtra  Employment  Guarantee
Act, 1977, ” shall be substituted.

The  Maharashtra  State  Tax
on  Professions,  Trades,
Callings and Employments
Act,  1975  (Mah.  XVI  of
1975).

In section 30,—

(a) in sub-section (1),—

(i) the  words  “  On  the  commencement
of this Act, there shall be established a
Fund  to  be  called  the  Employment
Guarantee Fund, ” shall be deleted;
(ii) for  the  words  “  transferred  to,  that
Fund ”  the  words  and  figures
“ transferred  to,  the  Employment
Guarantee  Fund  established  under
the  Maharashtra  Employment
Guarantee  Act,  1977. ”  shall  be
substituted;

(b) in  sub-section  (2),  for  the  words,
brackets  and  figure  “ the  Fund  an
amount equal to the amount transferred
to the Fund under sub­section (1).” the
following  shall  be  substituted,
namely:—
“ the  Employment  Guarantee  Fund
an  amount  equal  to  the  amount
transferred  to  that  Fund  under
sub­section (1). ” ;

1  This  heading  was  substituted  for  the  heading  “ The  SCHEDULE  ”  by  Mah.  51  of  2006,

s. 10.

Maharashtra Employment Guarantee Act, 1977

19

SCHEDULE—contd.

Serial
No.
(1)

Short title and
number of enactment
 (2)

Amendments

(3)

(c) sub-sections (3),  (4),  (5) and  (6)  shall

be deleted;

Mah.
XX of
1978.

Mah.
XX of
1978.

(d) for 

the  marginal  note, 
the
following  marginal  note  shall  be
substituted, namely:—
“Amount  equal  to  net  proceeds  of  tax
and  matching  contribution  to  be
paid  into  the  Fund  established
under 
Maharashtra
Employment Guarantee Act, 1977.”.

the 

5

The  Maharashtra  Tax  Acts
(Amendment)  Act,  1975
(Mah. XVII of 1975).

In section 4,—

(a)  in  sub-section (1),  for  the  words  and
figures  “  under  section  30  of  the
Maharashtra State Tax on Professions,
Trades, Callings and Employments Act,
1975.”  the  words  and  figures   “under
the      Maharashtra     Employment
Guarantee  Act,  1977.”  shall  be
substituted ;

(b) sub-sections (3) and (4) shall be deleted.

1[SCHEDULE II
[See section 3-A(3)]

MINIMUM FEATURES OF A RURAL EMPLOYMENT GUARANTEE SCHEME

1.

(i) Only productive works shall be taken up under the Scheme :

Provided that, if, in the opinion of State Government, it is necessary  to
provide  employment  in  any  area  on  any  works  to  meet  the  conditions
created by natural calamities like heavy rains, floods, earthquakes, droughts,
scarcity or cyclones, the State Government may permit such works being
taken  up  under  the  Scheme  for  such  temporary  period  as  the  State
Government may,  from time  to time,  decide.

(ii) The Scheme may also provide, as far as possible, for the training

and upgradation of the skills of the unskilled labour.
2. The core objectives of the Scheme shall be the following :—

(a) Providing unskilled manual work as a guaranteed employment, for
a period not less than the period specified in Schedule I to the Central Act,
in  a  financial  year  to  every  household  in  rural  areas  as  per  demand,
resulting in creation of productive assets of prescribed quality and durability ;

(b) Strengthening the livelihood resource base of the poor ;
(c) Proactively ensuring social inclusion; and
(d) Strengthening Panchayat Raj Institutions :

1  These Schedules  were  substituted  for Schedules  II  and  III  by  Mah.  26  of  2014,

s. 25.

20

Maharashtra Employment Guarantee Act, 1977

Provided that, the said objectives are applicable where the adult members
volunteer to do unskilled manual work subject to the conditions laid down
by or under this Act and in the Scheme.

3.

(1)  The  focus  of  the  Scheme  shall  be  on  the  following  works  as

categorized below :—

I. Category-A  :  PUBLIC  WORKS  RELATING  TO  NATURAL

RESOURCES MANAGEMENT—

(i) Water conservation and water harvesting structures to augment
and improve groundwater like underground dykes, earthen dams, stop
dams,  check  dams  with  special  focus  on  recharging  ground  water
including drinking water sources ;

(ii) Water management works such as contour trenches, terracing,
contour  bunds,  boulder  checks,  gabion  structures  and  spring  shed
development resulting in a comprehensive treatment of a watershed ;

(iii) Micro and minor irrigation works and creation, renovation and

maintenance of irrigation canals and drains ;

(iv)  Renovation  of  traditional  water  bodies  including  desilting  of

irrigation tanks and other water bodies ;

(v)  Afforestation,  tree  plantation  and  horticulture  in  common  and
forest  lands,  road margins,  canal  bunds,  tank foreshores  and  coastal
belts  duly  providing  right  to  usufruct  to  the  households  covered  in
Paragraph 4 ; and

(vi) Land development works in common land.

II. Category-B : INDIVIDUAL ASSETS FOR VULNERABLE SECTIONS

(ONLY FOR HOUSEHOLDS IN PARAGRAPH 4) —

(i) Improving productivity of lands of households specified in Paragraph
4 through land development and by providing suitable infrastructure for
irrigation including dug wells, farm ponds and other water harvesting
structures ;

(ii) Improving livelihoods through horticulture, sericulture, plantation,

and farm forestry ;

(iii) Development of fallow or waste lands of households defined in

Paragraph 4 to bring it under cultivation ;

(iv) Unskilled wage component in construction of houses sanctioned
under  the  Indira  Awaas  Yojana  or  such  other  State  or  Central
Government  Scheme ;

(v) Creating Infrastructure for promotion of livestock such as, poultry
shelter, goat shelter, piggery shelter, cattle shelter and fodder throughs
for cattle ; and

(vi) Creating infrastructure for promotion of fisheries such as, fish
drying yards, storage facilities, and promotion of fisheries in seasonal
water bodies on public land ; and

Maharashtra Employment Guarantee Act, 1977

21

III. Category–C  :  COMMON  INFRASTRUCTURE  FOR  NRLM

COMPLIANT SELF HELP GROUPS—

(i) Works for promoting agricultural productivity by creating durable
infrastructure  required  for  bio-fertilizers  and  post-harvest  facilities
including pucca storage facilities for agricultural produce ; and

(ii) Common work-sheds for livelihood activities of self-help groups.

IV. Category-D : RURAL INFRASTRUCTURE–

(i)  Rural  sanitation  related  works,  such  as,  individual  household
latrines, school toilet units, Anganwadi toilets either independently or
in  convergence  with  schemes  of  other  Government  Department  to
achieve  ‘open  defecation  free’  status  and  solid  and  liquid  waste
management as per prescribed norms ;

(ii)  Providing  all-weather  rural  road  connectivity  to  unconnected
villages and to connect identified rural production centres to the existing
pucca road network; and construction of pucca internal roads or streets
including side drains and culverts within a village ;

(iii) Construction of play fields ;

(iv)  Works  for  improving  disaster  preparedness  or  restoration  of
roads or restoration of other essential public infrastructure including
flood control and protection works, providing drainage in water logged
areas, deepening and repairing of flood channels, chaur renovation at
the village or block level, construction of storm water drains for costal
protection ;

(v) Construction of buildings for Gram Panchayats, women self-help
groups’ federations, cyclone shelters, Anganwadi centres, village haats
and crematoria at the village or block level ;

(vi) Construction of Food Grain Storage Structures for implementing

the provisions of the National Food Security Act, 2013 (20 of 2013);

(vii) Production of building material required for construction works

under the Act as a part of the estimate of such construction works ;

(viii) Maintenance of rural public assets created under the Act ;

(ix) any other work which may be notified by the State Government

in this regard; and

(x) any other work which may be notified by the Central Government,

in consultation with the State Government.

(2)  The  order  of  priority  of  works  shall  be  determined  by  each  Gram
Panchayat in the meetings of the Gram Sabha keeping in view potential of
the local area, its needs, local resources and in accordance with the provisions
of Paragraph 8.

(3)  Works  which  are  non-tangible,  not  measurable,  repetitive  such  as,

removing grass, pebbles, agricultural operations, shall not be taken up.

22

Maharashtra Employment Guarantee Act, 1977

4. Works  creating  individual  assets  shall  be  prioritized  on  land  or

homestead owned by households belonging to the,–

(a) Scheduled Castes ;
(b) Scheduled Tribes ;
(c) Nomadic Tribes ;
(d) Denotified Tribes ;
(e) other families below the poverty line ;
(f) women-headed households ;
(g) physically disabled 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.

5. The State Government shall take concrete steps to achieve effective
inter-departmental convergence till the last mile implementation level of the
works under the Scheme with other Government Schemes or programmes
so as to improves the quality and productivity of assets and bring in synergy
to holistically address the multiple dimensions of poverty in a sustainable
manner.

6. There shall be a systematic, participatory planning exercise at each
tier of Panchayat, conducted between August to December month of every
year, as per a detailed methodology laid down by the State Government. All
works to be executed by the Gram Panchayats shall be identified and placed
before  the Gram  Sabha,  and  such  works  which  are  to  be  executed  by  the
Panchayat Samiti or other implementing agencies shall be placed before the
Panchayat Samiti or Zilla Parishad, along with the expected outcomes. The
works  taken  up  under  the  Scheme  shall  be  organised  that  the  normal
agricultural operations in the District are not adversely affected and that a
balance is maintained between the principal of guaranteed work with minimum
wage on the one side and the requirments of labour for agricultural operations,
as well as the requirements of labour for the implementation of the regular
plan and non-plan works of the State Government on the other side.

7. Demand for work, either oral or written, shall be registered as and
when required by any job card holder and in the Rozgar Diwas which is to
be conducted at every Ward and Gram Panchayat level at least once a month,
leading to provision of work as per demand.

8.

(1)  Adequate  shelf  or  works  shall  be  maintained  by  every  Gram
Panchayat to meet the expected demand for work in such a way that at least
one labour intensive public work with at least one work which is suitable for

Maharashtra Employment Guarantee Act, 1977

23

Particularly Vulnerable Groups especially the aged and the disabled which
shall be kept open at all times to provide work as per demand.

(2) The details of the said works shall be prominently displayed through

writings on the walls of the village.

9. While opening works in the public works category, it shall be ensured

that the ongoing or incomplete works should be completed first.

10. Work shall be 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.

11.

(1)  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.

(2) In case where unemployment allowance is paid, or due to be paid, the
Programme  Officer  shall  inform  the  concerned  District  Programme
Co-ordinator  in  writing  the  reasons  for  not  providing  employment  to  the
applicants.

(3) The District Programme Co-ordinator shall, in his Annual Report to the
State Council explain as to why employment could not provide in cases where
payment of unemployment allowances is involved.

12. Every work under the Scheme shall have a technical estimate duly
sanctioned  by  an  authority  authorized  by  the  State  Government.  While
sanctioning the estimates, the following are required to be considered :—

(a) For all works involving construction, cost effective, labour intensive
technologies  and  usage  of  local  materials  shall  be  employed  as  far  as
possible ;

(b)  The  Bill  of  quantities  (used  in  the  estimate)  is  stated  in  common

terminology for easy understanding of all stakeholders ;

(c)  Each  work  shall  have  a  summary  of  the  estimate,  design  and  a
technical note that indicate the expected outcomes from implementing the
work.
13. The works finalized at the Gram Panchayat level and consolidated at
the  Block  or  District  level  shall  be  given  Block-wise  administrative  or
financial sanction by the competent authority within thirty days from the
date  of  finalization  of  the  works  at  the  Gram  Panchayat  level  only  after
confirming that the shelf or works in any Gram Panchayat is not less than
two times the labour budget approved for that Gram Panchayat.

14. The  muster  rolls for  works  taken  up  under  the  Scheme  shall  be

maintained as follows, namely :—

(a) each muster roll shall be in English or local language and have a
unique identity number electronically generated by the computer system
(e-Muster) along with the list of workers applied for work. Every muster
roll shall be signed by the authorized person of the Gram Panchayat or by
the Programme Officer; and shall contain such mandatory information as
may be specified by the Central Government ;

H  4021—4

24

Maharashtra Employment Guarantee Act, 1977

(b)  muster  rolls  shall  be  maintained  at  the  work  site  by  marking
attendance  daily  by  a  person  authorized  under  the  Scheme,  details  of
which shall be made available in public view on a daily basis using the
computer system ;

(c)  the  muster  roll  shall  be  periodically  checked  by  officials  in  the

manner prescribed in the Scheme ;

(d) the muster roll shall be closed on the last given day, countersigned
by  every  worker  who  has  worked,  and  shall  be  handed  over  to  the
technical personnel for measurement ;

(e) a detailed record of muster rolls shall be maintained in the registers

as specified from time to time ;

(f) when a work is in progress, the workers engaged in that work may
select from amongst themselves not less than five workers on a weekly
rotation basis to verify and certify all the bills or vouchers of their work
site at least once in a week ;

(g)  any  person  shall  have  access  to  muster  rolls  on  the  work  site  on

demand all days during all working hours.
15. Payment shall only be made based on the measurements taken at the
work  site  by  the  authorized  personnel  within  three  days  of  closure  of  the
muster  roll.  The  State  Government  shall  ensure  that  adequate  technical
personnel are deployed to complete this work within the stipulated period.
Suitable persons from the families of workers may be trained or skilled and
deployed  as  barefoot  engineers  with  appropriate  delegation  of  technical
powers and paid wages as skilled workers.

16. The State Government shall link the wages, without any gender bias,
based  on  the  quality  and  the  quantity  of  work  done  and  it  shall  be  paid
according to the rural Schedule of rates fixed after time and motion studies
for different types of work and different seasons and revised periodically.

17. A separate Schedule of rates shall be finalized for women, the elderly,
people with disabilities and people with debilitating ailments so as to improve
their participation through productive work.

18.

(a) The Schedule  of rates of wages for  various unskilled labourers
shall  be  fixed  up  so  that  the  adult  person  worked  for  eight  hours  which
include an hour of rest will earn a wage which is equal to the stipulated wage
rate;

(b) The working hours of an adult worker shall be flexible but shall not

spread over more than twelve hours on any day.

19. For  all  works  taken  up  by  the  Gram  Panchayats,  the  cost  of  the
material  component  including  the  wages  of  the  skilled  and  semi-skilled
workers shall not exceed forty per cent. at the Gram Panchayat level. For
works taken up by the implementing agencies other than Gram Panchayats,
the overall material component including the wages of the skilled and semi-
skilled workers shall not exceed forty per cent. at the Block or intermediate
level.

Maharashtra Employment Guarantee Act, 1977

25

20. The works executed shall be done without engaging any contractor.
The  implementing  agencies  under  the  Scheme  shall  execute  the  works  in
conformity with the processes specified under the Act and after complying
with the mandatory proactive disclosures and social audit.

21. As  far  as  practicable,  works  executed  by  the  programme
implementation agencies shall be performed by using manual labour and no
labour displacing machines shall be used.

22. All material required for the works shall be procured by the Gram
Panchayat or the implementing agency using a transparent tender process
as specified by the State Government.

23. Out of the administrative costs allowed under the Scheme, at least
one-third shall be utilized at the Gram Panchayat level to employ and pay
honorarium to the Gram Rozgar Sevak, other technical personnel as per the
work done and for other administrative expenses.

24. Every Scheme to contain adequate provisions for ensuring transparency
and accountability at all levels of implementation shall consist of the following
measures, namely :—

(a) Mandatory Proactive disclosure of basic information to all common
people and stakeholders using a ‘Janata Information System’ consisting
of :—

(1) Display at each work site : At each work site, the ‘Janata’ estimate
of  the  work-showing  the  details  of  the  work,  estimated  labour  days,
quantities of materials to be used in local terminology and item-wise
cost of the estimate shall be displayed.

(2) Display on prominent walls or public boards in the village : On the
prominent walls or public boards in the village, job cards list, number
of days of work provided and the wages paid to each job card holder ;
and entitlements provided under the Act shall be displayed.

(3) Display  through  boards  at  the  Gram  Panchayat  Office : At  the
Gram  Panchayat  Office,  shelf  of  projects  approved,  year-wise  works
taken  up  or  completed  by  Gram  Panchayats  and  Line  Departments,
employment provided, funds received and expenditure, list of materials
with  quantities  used  in  each  work,  rates  at  which  the  material  was
procured shall be displayed through the board.

(4) Display on the website: The Employment Guarantee Scheme Sub-
Division of the Planning Department shall ensure that their websites
are updated to fully comply with all the seventeen provisions of section
4(1)  (b)  of  the  Right  to  Information  Act,  2005  (22  of  2005)  and  all
information about the Act is available in public domain, through free
downloadable electronic form.
(b) Concurrent social audit shall be done for all works every month. For
this purpose, Programme Officer shall make available free of cost, details
of works done and expenditure made during the past one month to the
Bharat Nirman Volunteers, village social auditors, self-help groups, youth
organisations and  such other  village level  organisations for  verification
and report deviations if any.

26

Maharashtra Employment Guarantee Act, 1977

(c) Social audit : Implementation of all conditions for guaranteed rural
employment under the Scheme and provision of minimum entitlements of
labourers, including all expenditure under the Act shall be subjected to
social audit in the manner prescribed by Central Government at least once
in every six months consisting of the following :—

(i)  Identification,  training  of  local  youth  as  social  auditors;  and
formation of trained social auditor teams for each Gram Panchayat with
youth from outside the Gram Panchayat to conduct social audit, provided
that at least Twenty-Five per cent. of village social auditors are from
Scheduled Castes or Scheduled Tribes groups. For services rendered by
such youth, each one of them shall be paid an honorarium at the rate
not less than the remuneration payable to the skilled labour under the
Central Act.

(ii) Provision of records (muster rolls,  M-Books, pay orders) to the

social audit teams free of cost.

(iii) Verification of every work site to cross-check the measurements
in the field with that on M-Books; and to assess the utility and outcomes
of the  work so  executed.

(iv) Verification of every disbursement on record with the concerned

beneficiaries.

(v) Verification of outcomes with that of estimated outcomes.

(vi) Verification of provision of entitlements in the field.

(vii) Review the implementation of this Act for vulnerable groups.

(viii) Conduct of Public hearings by the social auditors at the Ward,

Gram Panchayat and Block level to read out the findings.

(ix) Systematic follow up action on the reports of the social audit and
completing  recovery  of  amounts  found  misappropriated,  completing
suitable disciplinary or criminal action on the irregularities brought out
in  social  audits  within  six  months  from  the  date  of  conduct  of  social
audit.

25. Any  misappropriation  of  amounts  spent  under  the  Act  shall  be
recoverable in accordance with the revenue laws for recovery prevailing in
the State.

26. Provisions for regular inspection and supervision of works by quality
control teams to ensure proper quality of work as well as to ensure that the
total  wages  paid  for  the  completion  of  the  work  is  as  per  the  quality  and
quantity of work done.

27. The State Government shall take steps to organize, either through
its own machinery or working with Civil Society Organisations, the workers
into  formal  groups  or  labour  collectives  to  improve  their  participation  in
implementation and to ensure provision of entitlements provided under the
Act.

Maharashtra Employment Guarantee Act, 1977

27

28. Establish an effective grievance redressal mechanism consisting of,—
(a) Institutional mechanisms for receiving grievances as and when they
arise, while fixing one day each week during which all officials shall be
necessarily present for receiving grievances at Ward, Gram Panchayat,
Block and District level;

(b) Issuance of dated receipt to complaints accepted in writing, phone,

internet and orally by all personnel authorized to receive complaints;

(c)  Enquiry  through  spot  verification,  inspection  and  disposal  to  be

completed within seven working days;

(d) On completion of the enquiry, immediate steps shall be taken by the

concerned authority to redress the grievance within fifteen days;

(e) Failure to dispose of a complaint within seven days shall be considered

as a contravention as per section 14A of the Act ;

(f) In case a prima facie evidence regarding financial irregularities is
noticed after preliminary enquiry of the complaint or of findings in the
social audit report, the District Programme Co-ordinator after obtaining
legal advice will ensure that a First Information Report is lodged ;

(g)  The  concerned  authority  shall  be  responsible  for  informing  the
person  or  party  aggrieved  of  the  conclusion  of  enquiry  and  steps  being
taken for the redressal of his grievance, in writing ;

(h) The action taken on the complaints received by all agencies shall be
placed before the meetings of the Panchayat Samiti and the Zilla Parishad
respectively ;

(i) Appeals against the orders of the Gram Panchayat shall be made to
the  Programme  Officer  ;  those  against  the  orders  of  the  Programme
Officer shall be made to District Programme Co-ordinator ; those against
the District Programme Co-ordinator shall be made to State Commissioner
(NREGS), and State Grievance Redressal Officer ;

(j) All Appeals shall be made within forty-five days from the date of the

issuance of the order ;

(k) All Appeals shall be disposed of within one month ;
(l) There shall be a system of escalation of the grievances registered at
Gram Panchayat, Block, District level if not resolved within fifteen days
to the next higher level; and monitoring the same electronically.
29. Ombudsperson: There shall be an Ombudsperson for each District for
receiving grievances, enquiring into and passing awards as per guidelines
issued.

30. State  Government  shall  co-ordinate  the  activities  of  Programme
Officer, District Programme Co-ordinator, Ombudsperson, Social Audits Units,
Call Centres or Help Lines, Vigilance and Monitoring Committees, National
Level Monitors, Rozgar Sahayata Kendras and any other entity authorized
by the appropriate Government for an effective monitoring of the programme
and redressal of grievances.

(G.C.P.)  H  4021-5

28

Maharashtra Employment Guarantee Act, 1977

31. Wherever contravention of the provisions of the Act has been proved
after due enquiry by the State Government or the District Programme Co-
ordinator  or  the  Programme  Officer  or  the  Ombudsperson  or  any  other
authority authorized by the State Government, action in accordance with the
provisions of section 25 of the Central Act shall be taken.

32. The District Programme Co-ordinator, the Programme Officer and
the Gram Panchayat shall prepare a report annually containing the facts and
figures  and  achievements  relating  to  the  implementation  of  the Scheme
within his or its jurisdiction and a copy of the same shall be made available
to the public on demand on payment of such fee as may be specified in the
Scheme.

33. All accounts and records including muster rolls relating to the Scheme
shall be made available for public scrutiny free of cost. Any person desirous
of  obtaining  a  copy  or  relevant  extracts  therefrom  may  be  provided  such
copies or extracts on demand not later than three working days from the date
of receipt of application, on payment of the fees therefor.

34. There  shall  be  a  Capacity  Building  Plan,  Information  Education
Communication Plan and a Plan for Strengthening Panchayats as a part of
the Scheme.

SCHEDULE III
(See sections 3-B(1) and (2))

CONDITIONS FOR GUARANTEED RURAL EMPLOYMENT UNDER A SCHEME AND
MINIMUM ENTITLEMENTS OF LABOURERS

Job cards :—

1. The adult member of every household residing in any rural area and
willing  to  do  unskilled  manual  work  may  submit  the  names,  age  and  the
address of the household to the Gram Panchayat at the village level, in whose
jurisdiction they reside, for registration of their household for issuance of a
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,  work  evaluation  and
work site facilities, as the case may be.

2.

It shall be the duty of the Gram Panchayat, after making such enquiry,
as it deems fit, to issue a job card within fifteen days from the date of receipt
of such application, containing therein a unique job card number with details
of the registered adult members of the household, their photos, Bank or Post
Office account number, insurance policy number and the Aadhaar number,
if any.

3. The job card issued shall be valid for at least five years after which,
it  may  be  renewed  after  due  verification.  The  Registering  authority,  if
satisfied  that  any  person  has  got  himself  registered  by  making  a  false
declaration  of  his  age,  may  after  giving  a  reasonable  opportunity  to  the
person concerned of being heard, delete his name from the register.

Maharashtra Employment Guarantee Act, 1977

29

4. No job card can be cancelled except where it is found to be a duplicate,
or if the entire household has permanently migrated to a place outside the
Gram Panchayat and no longer lives in the Village.

5. The  State  Government  shall  make  arrangements  for  updating  the
following details in the job card regularly while mentioning the key entitlements
under the Act are clearly listed as follows :—

(i) number of days for which work was demanded;

(ii) number of days of work allocated;

(iii)  description  of  the  work  allocated  along  with  the  muster  roll

number;

(iv) measurement details;

(v) unemployment allowance, if any, paid;

(vi) dates and number of days worked;

(vii) date-wise amount of wages paid;

(viii) delay compensation paid, if any.

Demand for works :—

6. Every adult member of a registered household whose name appears in
the job card shall be entitled to apply for unskilled manual work under the
Scheme; and every such application shall be compulsory registered, and a
receipt issued with the date, which shall be entered in the computer system.

7. The State shall proactively verify the requirements of the Vulnerable

Groups and provide them work.

8. Application  for  work  can  be  oral  or  written  and  made  to  the  Ward
member  or  to  the  Gram  Panchayat  or  to  the  Programme  Officer  or  any
person  authorized  by  the  State  Government  or  through  a  telephone  or
mobile  or  Interactive  Voice  Response  System  or  through  a  call  centre  or
through website or through a kiosk set up for this purpose or through any
other means authorized by the State Government.

9. Application for work can be filled individually or for a group together.

10. There  shall  be  no  limit  on  the  number  of  days  of  employment  for
which a person may apply, or on the number of days of employment actually
provided to him subject to the aggregate entitlement of the household.

11.

  Normally,  applications  for  work  must  be  for  atleast  fourteen
days of continuous work, other than the works relating to access to sanitation
facilities,  for  which  application  for  work  shall  be  for  atleast  six  days  of
continuous  work.

12. Provision shall be made in the Scheme for advance application, that
is,  application  which  may  be  submitted  earlier  than  the  date  from  which
employment is sought.

13. Provision  shall  be  made  in the  Scheme  for  submission  of  multiple
applications by the same person provided that the corresponding periods for
which employment is sought do not overlap.
H  4021—5a

30

Maharashtra Employment Guarantee Act, 1977

Allocation of work :—

14. The Gram Panchayat and Programme Officer shall ensure that every
applicant shall be provided unskilled manual work in accordance with the
provisions of the Scheme within fifteen days of receipt of an application or the
date from which he seeks work in case of advance application, whichever is
later. It shall be open for the Programme Officer to direct any person who
volunteers  for  employment  under  the  Scheme  to  do  work  of  any  type
permissible under the Scheme.

15. Priority shall be given to women in such a way that at least one third
of the beneficiaries shall be women who have registered and requested for
work. Efforts to increase participation of single women and the disabled shall
be made.

16. Applicants  who  are  provided  with  work  shall  be  so  intimated  in
writing, by means of a letter sent to him at the address given in the job card
or by a public notice displayed at the office of the Gram Panchyat.

17. A list of persons who are provided with the work shall be displayed
on the notice board of the Gram Panchayat and at the office of the Programme
Officer and at such other place as the Programme Officer may deem necessary
and the list shall be open for inspection by the State Government and any
interested person.

18. As far as possible, the employment shall be provided within a radius
of five kilometers of the village where the applicant resides at the time of
applying.

19. A  new  work  under  the  Scheme  can  be  commenced  if  at  least  ten
labourers become available for work, provided that this condition shall not
be applicable for new works, as determined by the State Government, in hilly
areas and in respect of afforestation works.

20.

In case the employment is provided outside the radius specified in
Paragraph 18, it shall be provided within the Block, and the labourers shall
be  paid  ten  per  cent.  of  the  wage  rate  as  extra  wages  to  meet  additional
transportation and expenses for living.

21. A period of employment shall be for atleast fourteen days continuously

with not more than six days in a week.

Work site management :—
22. For the purpose of transparency at the work site, the following shall

be ensured :—

(i) there shall be a project initiation meeting in which various provisions

of the work shall be explained to the workers;

(ii)    a  copy  of  the  sanction  work  order  shall  be  available  for  public

inspection at the work site;

(iii) measurement record of each work and details of the workers shall

be available for public inspection;

(iv) a Citizens’ Information Board shall be put up at every work site and

updated regularly in the manner specified in this behalf ;

Maharashtra Employment Guarantee Act, 1977

31

(v)  The  Vigilance  and  Monitoring  Committee  setup  according  to  the
instructions  of  the  Central  Government  may  check  all  works  and  its
evaluation  report  will  be  recorded  in  the  Works  Register  in  the  format
specified for the purpose and submitted to the Gram Sabha during the
Social Audit.
23. The facilities of safe drinking water, shade for children and period of
rest, first aid box with adequate material for emergency treatment for minor
injuries and other health hazards connected with the work being performed
shall be provided at the work site.

24.

In case the number of children below the age of five years accompanying
the woman working at any site is five or more, provisions shall be made to
depute one of such women workers to look after such children. The person
so deputed shall be paid wage rate. The most marginalized women in the
locality, women in exploitative conditions or bonded labour or those vulnerable
to being trafficked or liberated manual scavengers should be employed for
providing child care services.

Welfare :—

25.

If any personal injury is caused to any person employed under the
Scheme by any accident arising out of and in the course of his employment,
he shall be entitled to such medical treatment as required, free of cost.

26. Where hospitalisation of the injured worker is necessary, the State
Government shall arrange for such hospitalisation including accommodation,
treatment, medicines and payment of daily allowance which is not less than
half of the wage rate.

27.

(i) If any personal injury is caused to any person employed under the
Scheme by accident arising out of and in the course of his employment, he
shall be entitled, free of charge, to such medical treatment as is admissible
under  the  Scheme,  and  where  hospitalisation  is  necessary,  the  State
Government shall arrange for such hospitalisation including accommodation,
treatment and diet. During the period he is  undergoing treatment in the
hospital, he shall be entitled to daily wages at the rate of half of the minimum
wages referred to in section 3-C. In case of death of such person an ex-gratia
payment  at  the  rate  of  Rs.  50,000  or  such  higher  amount  as  may  be
determined by the State Government by general order issued in this behalf,
from time to time shall be made to his legal heirs in the manner laid down
in the Scheme. In case of disablement, such person shall be entitled to such
ex-gratia payment as may be determined in accordance with the Scheme, but
the amount of such payment shall not exceed the amount determined by the
State Government as aforesaid for ex-gratia payment in case of death. The
total amount of Rs. 50,000 shall include the amount of Rs. 25,000 notified by
the Central Government.

(ii) Subject to such conditions as the State Government may by general or
special order, specify, every woman, has  been employed under the Scheme
for period of not less than one hundred and fifty days, or for such lesser period
as may be prescribed, in the twelve months immediately preceding the date
of  her  expected  delivery,  shall  be  permitted  to  be  absent  from  work  for  a

32

Maharashtra Employment Guarantee Act, 1977

period of thirty days, and during this period to ex-gratia payment of daily
wages payable or paid to her in the month immediately preceding the date
from which she absents herself on account of such permission.

(iii) Subject to such conditions as the State Government may by general
or special order, specify, every person, who has  been employed under the
Scheme  and  undergoes  sterilization  operation  or  any  other  operation  or
treatment for birth control and family planning, as may be approved in this
behalf by the State Government, shall be permitted to remain absent from
work for rest and recuperation for such period not exceeding fourteen days
as  may  be  recommended  by  a  medical  officer  approved  by  the  State
Government, and during this period to ex-gratia payment of his average daily
wages.
28.

(i) If personal injury is caused by accident to a child accompanying
any person, who has been employed under the Scheme or where temporary,
partial or total disablement or death of such child results from such injury,
the person shall be entitled, free of charge, to such medical treatment for the
child as the State Government may, by general or special order,determine,
and  to ex-gratia payment  of  such  amount  as  may  be  determined  by  the
Collector or by an officer authorised by him in this behalf, which shall in no
case exeed the scale laid down in paragraph 27 for personal injuries, etc.,
caused to the person concerned.

(ii) The State Government may, on the merits of each case, sanction ex-
gratia payment to any person who has been employed under the Scheme of
such amount, not exceeding the amount of ex-gratia payment determined by
a general or special order, issued by the State Government under paragraph
27 as it deems necessary to meet any other like hardships or contingencies
not  provided  for  in  this  paragraph,  arising  out  of  his  employment  on  an
Employment Guarantee Scheme work, subject to such conditions as it may
deem fit to impose by general or special order.

Wage payment :—

29.

(1) 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 per cent.
of the unpaid wages per day of delay beyond the sixteenth day of closure of
muster  roll.

(a) Any delay in payment of compensation beyond a period of fifteen days
from the date it becomes payable, shall be considered in the same manner
as the delay in payment of wages.

(b) For the purpose of ensuring accountability in payment of wages and
to  calculate  culpability  of  various  functionaries  or  agencies,  the  States
shall divide the processes leading to determination and payment of wages
into various stages such as –

(i) measurement of work;
(ii) computerising the muster rolls;
(iii)  computerising the measurements;

Maharashtra Employment Guarantee Act, 1977

33

(iv) generation of wage lists; and
(v)  uploading Fund Transfer Orders (FTOs),

and specify stage-wise maximum time-limits along with the functionary

or agency which is responsible for discharging the specific function.

(c) The computer system shall have a provision to automatically calculate
the compensation payable based on the date of closure of the muster roll
and the date of deposit of wages in the accounts of the wage seekers.

(d) The State Government shall pay the compensation upfront after due
verification  within  the  time-limits  as  specified  above  and  recover  the
compensation amount from the functionaries or agencies who is responsible
for the delay in payment.

(e)  It  shall  be  the  duty  of  the  District  Programme  Co-ordinator  or

Programme Officer to ensure that the system is operationalised.

(f) The number of days of delay, the compensation payable and actually
paid shall be reflected in the Monitoring and Information System and the
Labour Budget.

(2)  Effective  implementation  of  sub-paragraph (1)  shall  be  considered

necessary for the purposes of section 27 of the Central Act.

30. The payment of wages shall, unless so exempted by the Government,
be  made  through  the  individual  savings  accounts  of  the  workers  in  the
relevant Banks or Post Offices.

31.

In case of employment provided under the Scheme, there shall be no
discrimination solely on the ground of gender and the provisions of the Equal
Remuneration Act, 1976 (25 of 1976), shall be complied with.

Record maintenance and grievance redressal system :—

32. The  Gram  Panchayat  shall  prepare  and  maintain  or  cause  to  be
prepared and maintained such registers, vouchers and other documents in
form  and  in  such  manner  as  may  be  specified  in  the  Scheme  containing
particulars of job cards and pass books issued, name, age, and address of the
head of the household and the adult members of the households registered
with the Gram Panchayat.

33. The Gram Panchayat shall send such list or lists of the names and
addresses of households and their adult member registered with it and supply
such other information to the concerned Programme Officer at such periods
and in such form as may be specified in the Scheme.

34.

(1) Notwithstanding anything contained in this Schedule, in the event
of  any  national  calamity  such  as  flood,  cyclone,  tsunami  and  earthquake
resulting in mass dislocation of rural population, the adult members of rural
households of areas so affected may,—

(a) seek for registration and get job card issued by the Gram Panchayat

or Programme Officer of the area of temporary relocation;

(b)  submit  written  or  oral  applications  for  work  to  the  Programme
Officer or the Gram Panchayat of the area of temporary relocation; and

34

Maharashtra Employment Guarantee Act, 1977

(c) apply for re-registration and re-issuance of job card in the event of

any loss or destruction.
(2) The details of such job cards shall be intimated to the District Programme

Co-ordinator.

(3) In the event of restoration of normalcy, the job card so issued shall be
re-endorsed at original place of habitation and clubbed with the original job
card on being retrieved.

(4) The number of days of employment so provided shall be counted while

computing 100 days of guaranteed employment per household.

35. Every workers shall have an opportunity of being heard and register
any  grievance  either  orally  or  in  writing,  at  all  implementation  levels  for
disposal as per the provisions of the Grievance Redressal Mechanism under
the  Scheme.]

GOVERNMENT CENTRAL PRESS, MUMBAI

Maharashtra Employment Guarantee Act, 1977

35

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA  STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

