National Rural Employment Guarantee Act NREGA - 2005

Conceptual background Priorities of Development – After Independence Agriculture – Shifted from culture to industries with a priority to market Increase in Unemployment and decrease in state’s accountability - The Globalization phenomena

Political Debate & Constitutional Perspective A Journey from Directive principals (Socio-Economic Rights) to the Fundamental rights (Socio-Political Rights)

Key Features of NREGA, 2005 The National Rural Employment Guarantee Act 2005 is a law whereby: any adult who is willing to do unskilled manual work at the minimum wage is entitled to being employed on public works within 15 days of applying. If work is not provided within 15 days, he/she is entitled to an unemployment allowance.

Details of the guarantee Eligibility Anyone above the age of 18 residing in rural areas 2. Entitlement: Any applicant is entitled to work within 15 days, for as many days as he/she has applied, subject to a minimum of 100 days per household per year. 3. Distance: within a radius of 5 kilometres of the applicant’s residence if possible, and in any case within the Block. If work is provided beyond 5 kilometres, travel allowances have to be paid.

Details of the guarantee (contd.) 4. Wages: statutory minimum wage applicable to agricultural labourers in the state, unless and until the Central Government “notifies” a different wage rate. If the Central Government notifies, it is subject to a minimum of Rs 60/day. 5. Timely payment: weekly, or in any case not later than a fortnight. Payment to be made directly to the person concerned in the presence of independent persons of the community on pre-announced dates.

Employment Guarantee Scheme Each state government has to put in place an “employment guarantee scheme” (EGS) within six months. Include water conservation, minor irrigation, land development, rural roads, etc. However, “any other work which may be notified by the Central Government in consultation with the State Government” are allowed. The EGS to be coordinated at the Block level by a “Programme Officer”. 1. Employment Guarantee Scheme: 2. Permissible works: 3. Programme Officer:

Employment Guarantee Scheme Gram Panchayats (half of the EGS works), other PRIs, line departments (PWD, Forest Dept.) and NGOs. Private contractors are banned. A shelf of projects is to be maintained by the Programme Officer, based on proposals from the implementing agencies. Each Gram Panchayat is also supposed to prepare a shelf of works based on the recommendations of the Gram Sabha. Regular social audits by the Gram Sabhas, mandatory disclosure of muster rolls, public accessibility of all EGS documents, regular maintenance of job cards, etc. 4. Implementing agencies: 5. Contractors: 6. Decentralised planning: 7. Transparency and accountability:

Important Provisions 1. Redressal: 2. Cost sharing: 3. Time frame: “whoever contravenes the provisions of this Act …liable to a fine which may extend to one thousand rupees”. Central Government will pay for labour and 75% of material costs. State governments pay unemployment allowance and 25% of material costs. initially in 200 districts, to be extended to the whole of rural India within five years.

Important Provisions 33% Reservation for Women Unemployment allowance Minimum facilities at work place/sites such as safe drinking water, shelter, minimum health facilities and child care

Social Audit The Gram Panchayat Shall make available all relevant documents: MRs, bills, vouchers, MBs, Sanction orders and other books of accounts and papers to the Gram Sabha for the purpose of social audit (17(3))

Social Audit All efforts should be made to ensure transparency and accountability (SchI(13)) All accounts and records relating to work shall be made for public scrutiny (SchI(16)) A copy of Muster Rolls of every work shall be made available in the office of PO and GP for inspection by any person after paying a fee

Social Audit The DPO, PO and GP shall prepare annual report containing the facts and figures and achievements relating to scheme within its jurisdiction (SchI(15)) All the above documents shall be made available to the public on demand and on payment of prescribed fees.(SchI(15,16&17))

Muster Rolls Muster rolls are a key document insofar as corruption on employment programmes is concerned. Muster rolls record attendance at worksites. It is through the manipulation of muster rolls that a lot of the corruption on employment programmes takes place. There are at least three ways in which muster rolls are fudged: Ghost entries Inflating the number of days worked Inflating wages paid

What should one do when such discrepancies are found? Work with the media Informing and lodging a complaint at the local and state level Contact the Commissioners of the Supreme Court and the Advisors the to the Commissioners in your state.

Madhya Pradesh Rural Employment Guarantee Scheme MPREGS is to provide livelihood and to create sustainable assets Job cards will be issued for a period of 5 Years and then will be renewed by the panchayat BPL Census-2003 (not the BPL list) will be the base for issuing Job cards Work will be provided on the First Come, First Serve basis The entitlement of a family can be divided in to all the eligible members of the family Work will be provided the persons with disabilities 50% work will be implemented by the Panchayat

Administrative structure Implementing agency - Dept of Panchayat and Rural Development Authority- MP State Employment Council (Registered under the Firms and Society Act, 1973) District Collector- District Program Coordinator CE0, ZP- Addl. Program Coordinator CEO, JP- Block Program Coordinator Sarpanch- At the Panchayat level

Financial Management District Program Coordinator will prepare a labor budget annually State level- Madhya Pradesh Employment Guarantee Fund District level- District Employment Guarantee Fund. Statement will be sent by 25th of every month. Block level-Block Employment Guarantee Fund. Statement will be sent by 20th of every month. Panchayat level -Employment Guarantee Fund (separate account will be maintained). Statement will be sent by 10th of every month.

Accountability and Transparency There will be a vigilance committee at the village level All the information and records relating to bills, vouchers, Employment status, Unemployment wages, paid amount, Muster rolls, vigilance committee report will compulsorily be presented in the gram sabha in every 3 months.

Terms and Conditions apply Formation of a law is not the end of a struggle process, but it may us an opportunity to strengthen our struggle against Social Insecurity, Injustice and Inequality……… Terms and Conditions apply