WEST BENGAL RURAL EMPLOYMENT GUARANTEE SCHEME, 2006

IN EXERCISE OF THE POWER CONFERRED BY SUB-SECTION (1) OF THE SECTION 4 OF THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE ACT, 2005 (42 OF 2005) THE GOVERNER MADE THE SCHEME VIDE NOTIFICATION NO. 684-RD/NREGA/18S- 1/2006 DATED OF THE P&RD, GOVT. OF WB

WEST BENGAL RURAL EMPLOYMENT GUARANTEE SCHEME, 2006 CONSISTS OF 42 PARAGRAPHS

PARAGRAPH 6 STRATEGY OF THE SCHEME –to involve GUS, Gram Sansad, Gram Panchayat, Panchayat Samity & Zilla Parishad in identification of schemes & preparation of Annual Action Plan through Participatory Planning Process –to implement scheme through Gram Panchayat, Panchayat Samity, Zilla Parishad, Line Department, graded SHGs including cluster of SHGs –to make DPC & PO ultimately responsible for scheme implementation –to involve Beneficiary Committees (Gram Unnayan Samity) for monitoring & Social Audit –to organize intensive mass media campaign for creating awareness up to grass – root level –to arrange for intensive training for PRI members, office bearers, officials, staff & other functionaries involved in the implementation of the Act. –to design & put in place a Management Information System

PARAGRAPH 7 TYPES OF WORK PERMISSIBLE

PARAGRAPH 8 REGISTRATION –eligible applicants to be registered within 15 days of receipt of the applications –the registration number shall become the unique job card number at the time of issue of job card after verification

PARAGRAPH 9 JOB CARD –the Gram Panchayat shall issue a job card to the registered household within a week –the job cards shall be valid for five financial years from the date of issue –Gram Panchayat shall add or delete names of individuals from/to the job card after verification –duplicate card may be issued in case original is lost, mutilated or damaged –if individual members of the households are working on different works only one of the adult member may carry the original job card as the proof of identification. Other may carry photocopy of the job card or any other identity as a proof of identity –all the payments made shall be entered in the original job card only

PARAGRAPH 10 EMPLOYMENT –any registered adult member of the household may apply for allotment of work in plain paper or in the prescribed form –single application may be given for different periods during the year –more than one applicants may also submit joint application –Gram Panchayat shall except in extraordinary circumstances will be responsible for issuing letter informing allotment of work to the applicants within 15 days from receipt of the applications seeking employment or from the date of employment sought for in case of advance application and notice shall also be displayed at the office of the Gram Panchayat & Programme Officer –in case of joint application information shall be communicated through one of the applicants –if a Gram Panchayat is not in a position to provide employment under the shelf of works within the Gram Panchayat, the Gram Panchayat shall inform the Programme Officer within 06 days of receiving an application –if Programme Officer is not in a position to provide employment under the shelf of schemes within the Block he shall inform the District Programme Coordinator within 11 days of the application being received at the Gram Panchayat –as far as possible, employment shall be provided within 5 km radius of the village where the applicant resides if not it must be provided within the Block area and the applicant shall be paid 10% of the wage extra to meet additional transportation expenses –every person making payment of wages must pay the wages through Muster Roll as per Form VI –the Gram Panchayat will consolidate the employment data household wise and enter in the Registration – cum – Employment Register

PARAGRAPH 11 UNEMPLOYMENT ALLOWANCE –if an applicant for employment is not provided employment, in accordance with the provision of the scheme, he shall be entitled to a daily unemployment allowance –applicant shall have to apply to the Programme Officer for this purpose. May apply through the Gram Panchayat also –Programme Officer shall sanction or reject the application after verification –the unemployment allowance payable shall be paid to the applicant of a household subject to entitlement of the household 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 half of the wage rate for the remaining period of the financial year –all payments of unemployment allowance shall be made through an acquaintance register and recorded in respective job card & Registration – cum – Employment Register

LIABILITY TO PAY UNEMPLOYMENT ALLOWANCE SHALL CEASE AS SOON AS in case of extraordinary circumstances are prevalent in the area; or the applicant is directed by the Gram Panchayat or the Programme Officer to report for work either by himself or to depute at least one adult member of the household; or if more than one members of the household apply for work and one member has been provided with work; or the period for which employment is sought comes to an end; or no member of the household of the applicant turned up for employment; the adult members of the household of the applicant have received in total at least 100 days of work within the financial year; or the household of the applicant has earned as much from the wages and unemployment allowance taken together which is equal to the wages for 100 days work during the financial year

ELIGIBILITY TO UNEMPLOYMENT CEASES FOR A PERIOD OF THREE MONTHS IF APPLICANT does not accept the employment provided under the scheme; or does not report for the work within 15 days of allotment of work; or continuously remains absent from work without obtaining permission from the concerned Implementing Agency for a period more than one week or remains absent for a total period of more than one week in a month

PARAGRAPH 12 PLANNING –five – year district perspective plan –annual action plan –Gram Unnayan Samities may start the participatory planning process well in advance so that the final plan for approval may be placed before the Gram Sansad in their meeting in November –the GUS shall forward the prioritized proposals of the Gram Sansad to the Gram Panchayat –Gram Panchayat shall consolidate the proposals of all the Gram Sansads with priority of works and forward the consolidated proposals within the month of January to the Programme Officer –the project identified at the Gram Panchayat shall be assigned an unique serial number –the Programme Officer shall scrutinize the Annual Action Plan for its Technical Feasibility –if the Programme Officer feels that the list is insufficient to meet the likely demand, he shall ask for supplementary list –the Programme Officer shall not reject a proposal if it is within the parameter of the Act –Programme Officer shall submit the proposal to the Panchayat Samity with his observations on the proposal –Panchayat Samity shall not reject a proposal if it is within the parameter of the Act. If outside the parameter of the Act, then it shall be returned to the Gram Panchayat for it to replace it with a valid proposal –Panchayat Samity will take a decision on the proposal placed by the Programme Officer within 15 days –these activities shall be completed within third week of February –proposal is then forwarded to the District Programme Coordinator

the District Programme Coordinator shall scrutinize the proposals of all Panchayat Samities examining the appropriateness and adequacy of work in terms of likely demand as well as their technical & financial feasibility he shall consolidate all these proposals into a District Plan proposal to be discussed and approved by the Zilla Parishad the District Plan shall comprise of Block – wise shelf of projects Zilla Parishad shall take a decision on the proposal submitted by the District Programme Coordinator within 15 days. this activity shall be completed within the 15 th day of March the work of preparation of plan & estimates shall be done by the Implementing Agencies if they have the requisite expertise the project report of each project shall contain all details as may be decided by the technical / works manual of the State Government Competent authorities shall vet these estimates and District Programme Coordinator and Programme Officer shall issue administrative & financial sanctions as the case may be. the District Programme Coordinator shall communicate the sanctioned plan to the Programme Officer the Programme Officer shall forward a copy of Block Plan with the shelf of schemes to be executed in that Gram Panchayat to every Gram Panchayat this process must be completed by third week of March the Gram Panchayat shall in turn inform the GUS the shelf of projects to be executed in that Gram Sansad the GUS shall place these records in the Gram Sansad meetings as and when organized

PARAGRAPH 13 BENEFICIARY COMMITTEES –Gram Unnayan Samity will generally function as the Beneficiary Committee for the works –depending on the circumstances other Beneficiary Committees may also be formed with general & specific approval of the District Programme Coordinator –these committees shall function in accordance with the instructions to be issued in this regard –demand of the employment or execution of the work shall not be kept pending for the non-functioning or malfunctioning of these committees

PARAGRAPH 14 PROVISION OF FACILITIES AT WORKSITES –facilities like drinking water, rest shed for workers, crèche for children accompanying the working mother and first-aid box –if any personal injury is caused to any person by accident arising out of and in course of employment, he shall be entitled to free of charge medical treatment at the government hospital –where hospitalization is required it shall be arranged by the Programme Officer including accommodation, treatment, medicines and payment of daily allowance at the rate of rupees thirty four –if a worker employed under the scheme dies or becomes permanently disabled by accident arising out of and in course of employment he shall be paid by the implementing agency an exgratia payment at the rate of rupees twenty – five thousand and the amount shall be paid to the legal heirs of the deceased or the disabled, as the case may be

PARAGRAPH 15 ADMINISTRATIVE & TECHNICAL POWERS –every work executed under the scheme shall meet the required technical standards and measurements specified in the Schedule of Works –enhanced technical powers have been delegated to the Technical Officers –power to issue administrative sanctions are delegated to Programme Officer & District Programme Coordinator

PARAGRAPH 18 MORE WORK MORE WAGE PARAGRAPH 19 EQUAL WAGES

PARAGRAPH 22 PAYMENT OF WAGES –wages to be paid to individual and not to the group –in case the payment of wages is not made within stipulated time the worker shall be entitled to receive compensation as per provisions of the “Payment of Wages Act, 1936” –wages may be credited to the account of worker

PARAGRAPH 23 BAN ON CONTRACTORS

PARAGRAPH 24 STATE EMPLOYMENT GUARANTEE COUNCIL PARAGRAPH 25 FUNCTIONS OF PANCHAYATS AT DISTRICT, INTERMEDIATE & VILLAGE LEVELS

PARAGRAPH 26, 27 & 28 DISTRICT PROGRAMME COORDINATOR SUB – DIVISIONAL PROGRAMME COORDINATOR PROGRAMME OFFICER

PARAGRAPH 30 USE OF MACHINES –as far as practicable, task under this scheme shall be performed by using manual labour and not machines –if inevitable, permission of the District Programme Coordinator shall be taken by the implementing agency in writing, after giving proper justification for using such machines at the time of preparation of estimates –District Programme Coordinator may accord permission detailing the reasons for such permission

PARAGRAPH 31 ENSURING TRANSPARENCY –all implementing agencies shall maintain absolute transparency in planning and implementation of the scheme –Right to Information Act, 2005 will be followed

PARAGRAPH 32 MUSTER ROLL –duly numbered Muster Rolls will be issued by the Programme Officer to all the Implementing Agencies –Stock Register is to be maintained for Muster Rolls by Block & every implementing agency

PARAGRAPH 33 MEASUREMENT BOOK & MEASUREMENT SHEETS –duly numbered Measurement Book & Measurement Sheet will be issued by the Programme Officer to all the Implementing Agencies

PARAGRAPH 34 ASSET REGISTER PARAGRAPH 35 AUDIT OF WORKS

PARAGRAPH 36 COMPLAINT REGISTER PARAGRAPH 37 SOCIAL AUDIT & VIGILANCE

PARAGRAPH 38 MONITORING & INSPECTION PARAGRAPH 39 REPORTS & RETURNS FUND FLOW MECHANISM PARAGRAPH 40

PARAGRAPH 41 CONVERGENCE OR DEVOTAILING WITH OTHER PROGRAMMES PARAGRAPH 42 POWER TO ISSUE CLARIFICATION OF THE STATE GOVERNMENT