Professional Documents
Culture Documents
Labour Law II
Labour Law II
Submitted by-
Submitted to-
Nandini Suman
ACKNOWLEDGEMENT
First and foremost I thank almighty God for his gracious blessings upon us.
I have taken efforts in this project. However, it would not have been possible
without the kind support and help of many important people. I would like to
extend my sincere thanks to all of them.
I am highly indebted to Dr. S.C Roy for his guidance and constant supervision
as well as for providing necessary information regarding the project & also for
his support in completing the project.
I also want to express my sincere gratitude to all those authors and researchers
whose works helped me to gather various information used in this project. I also
want to thank the college library and honourable librarian for providing me the
needed books.
CONTENTS
TOPICS
PAGE NO.
1. Introduction
04-05
06-08
09-13
Guarantee Scheme
4. Features of the Rural Employment
14-20
Guarantee Scheme
5. Problems in Implementation
Conclusion
21-28
INTRODUCTION
The Indian government has taken up various measures to overcome the problem of poverty.
Poverty alleviation programmes comprising of wage employment programmes, rural housing
schemes and a public distribution system have been initiated from time to time. Some were
partially successful in addressing the issue of poverty whereas others suffered from major
flaws in their implementation. National Rural Employment Programme (NREP) 1980-89;
Rural Landless Employment Guarantee Programme (RLEGP) 1983-89; Jawahar Rozgar
Yojana (JRY) 1989-99; Employment Assurance Scheme (EAS) 1993-99; Jawahar Gram
Samridhi Yojana (JGSY) 1999- 2002; Sampoorna Grameen Rozgar Yojana (SGRY) since
September 2001; National Food for Work Programme (NFFWP) since November 14, 2004
(SGRY and NFFWP now merged with NREGS 2005) were national level rural employment
generation schemes. However these programmes could not provide social security to the rural
poor. The Central Government launched NREGA on February 2, 2006. The Act guarantees
the right to work to by providing 100 days of guaranteed wage employment in a financial
year to every rural household whose adult members are willing to do unskilled manual work.
NREGA is the first ever law internationally, that guarantees wage employment on an
unprecedented scale. Its auxiliary objective is to strengthen natural resource management
through works that address causes of chronic poverty like drought, deforestation and soil
erosion and so encourage sustainable development. The outcomes include strengthening
grassroots processes of democracy and infusing transparency and accountability in
governance. NREGA covers the entire country with the exception of districts that have 100
percent urban population. NREGA provides a statutory guarantee of wage employment and is
demand driven which ensures that employment is provided where and when it is most
needed. The legal mandate of providing employment in a time bound manner is underpinned
by the provision of an Unemployment Allowance. The right to work brings security in
peoples lives. Today, labourers cannot count on employment being provided to them during
the lean season. An employment guarantee gives labourers more confidence in the prospect
of local employment, and discourages seasonal migration.
The Scheme aims at enhancing livelihood security of households in rural areas of the country
by providing at least one hundred days of guaranteed wage employment in a financial year to
every household whose adult members volunteer to do unskilled manual work. Mahatma
Gandhi NREGA is the first ever law internationally that guarantees wage employment at an
4
unprecedented scale. The primary objective of the Act is augmenting wage employment and
its auxiliary objective is strengthening natural resource management through works that
address causes of chronic poverty like drought, deforestation and soil erosion and so
encourage sustainable development. The process outcomes include strengthening grass-root
processes of democracy and infusing transparency and accountability in governance. Keeping
this view, the researcher has made an attempt to review the performance of MGNREGA as
the main objective of this project. It also explains the objectives, features, permissible works
under this Act and funding pattern of MGNREGA.
Starting from 1960, the first 30 years of experimentation with employment schemes in rural areas taught
few important lessons to the government like the Rural Manpower Programme taught the lesson of financial
management, the Crash Scheme for Rural Employment of planning for outcomes, a Pilot Intensive Rural
Employment Programme of labour intensive works,
2
The Rural Landless Employment Guarantee Programme (RLEGP) was launched in August 1983 to focus
specially on landless households.
implementation, list of allowed works, financing pattern, monitoring and evaluation, and
most importantly the detailed measures to ensure transparency and accountability. Further the
provisions of the law adhere to the principles enunciated in the Constitution of India.
The comprehensive assessment of the performance of the law by the constitutional auditor
revealed serious lapses arising mainly due to lack of public awareness, mismanagement and
institutional incapacity. The CAG also suggests a list of recommendations to the government
for corrective measures. The government, however, had also released a collection of
reportedly independent researches evaluating the functioning of the act whose results
significantly differed from the CAG report. Meanwhile, the social audits in two Indian states
highlight the potential of the law if implemented effectively3
Prior to the enactment of Mahatma Gandhi NREGA, India had no programme in rural areas
that promised employment as a legal right, although employment generation through rural
works had a long history in India dating back to the 1960s. Since 1960, the government had
been merging old schemes to introduce new ones while retaining the basic objective of
providing additional wage employment involving unskilled manual work, creating durable
assets, and improving food security in rural areas through public works with special
safeguards for the weaker sections and women of the community. The problem areas had also
been almost similar like mismanagement, lack of planning and implementation. The
remuneration had been a combination of wages and foodgrains across all schemes. It took 30
years of government experimentation to launch major schemes like Jawahar Rozgar Yojana
(JRY), Employment Assurance Scheme (EAS), Food for Work Programme (FWP), Jawahar
Gram Samridhi Yojana (JGSY) and Sampoorna Grameen Rozgar Yojana (SGRY) that were
forerunners to Mahatma Gandhi NREGA. In the process, the government decentralized
implementation by providing financial and functional autonomy to the local self-government
institutions or Panchayati Raj Institutions (PRIs) in order to fight corruption.4
The government experimented with various schemes from 1960-90. The most significant
ones were Food for Work Programme (FWP) of 1977 and National Rural Employment
Programme (NREP) of 1980. The popular FWP provided foodgrains to complement wages. It
was then revamped and renamed to NREP with almost similar objective.5
On 1 April 1989, to converge employment generation, infrastructure development and food
security in rural areas, the government integrated NREP and RLEGP into a new scheme
JRY. The most significant change was the decentralization of implementation by involving
local people through PRIs and hence a decreasing role of bureaucracy. 6 Due to
implementation issues, JRY was restructured and renamed to JGSY in 1999.
On 2 October 1993, the EAS was initiated to provide employment during the lean agricultural
season. The role of PRIs was reinforced with the local self-government at the district level
called the Zilla Parishad as the main implementing authority. Again due to implementation
issues, EAS was merged with SGRY in 2001
In January 2001, the government again introduced FWP similar to the one initiated in 1977.
Once again due to implementation issues, it was merged with Mahatma Gandhi NREGA in
2006.[13]
On 1 April 1999, the JRY was revamped and renamed to JGSY with a similar objective. The
role of PRIs was further reinforced with the local self-government at the village level called
the Village Panchayats as the sole implementing authority. But again due to implementation
issues, it was merged with SGRY in 2001. Once again on 25 September 2001 to converge
employment generation, infrastructure development and food security in rural areas, the
government integrated EAS and JGSY into a new scheme SGRY. The role of PRIs was
retained with the Village Panchayats as the sole implementing authority Yet again due to
implementation issues, it was merged with Mahatma Gandhi NREGA in 2006. In 2005, and
again to converge employment generation, infrastructure development and food security in
rural areas, the government integrated SGRY and FWP into a new scheme called Mahatma
Gandhi NREGA. The total government allocation to these precursors of Mahatma Gandhi
NREGA had been about three-quarters of 1 trillion (equivalent to over $18 billion).
5
6
RURAL
OBJECTIVES
MGNREGA is a powerful instrument for ensuring inclusive growth in rural India through its
impact on social protection, livelihood security and democratic empowerment. Its important
objectives are7:
1. Social protection for the most vulnerable people living in rural India through providing
employment opportunities;
2. Livelihood security for the poor through creation of durable assets, improved water
security, soil conservation and higher land productivity;
3. Drought-proofing and flood management in rural India;
4. Empowerment of the socially disadvantaged, especially women, Scheduled Castes (SCs)
and Schedules Tribes (STs), through the processes of a rights-based legislation;
5. Strengthening decentralized, participatory planning through convergence of various
antipoverty and livelihoods initiatives;
6. Deepening democracy at the grass-roots by strengthening Panchayati Raj Institutions;
7. Effecting greater transparency and accountability in governance;
] MGNREGA (2012) Operational Guidelines 2012, Govt. of India, Ministry of Rural Development,
Department of Rural Development (MG NREGA-I Division)
8
Ministry of Rural Development 2005, pp. 12
10
10
level, and the central level. Further the monitoring methods and the evaluation criteria are
also detailed in the act using which an annual ranking of districts may be drawn. For
evaluation of outcomes, the law also requires management of data and maintenance of
records, like registers related to employment, job cards, assets, muster rolls and complaints,
by the implementing agencies at the village, block and state level. The most detailed part of
the Act (chapter 10 and 11) deals with transparency and accountability that lays out role of
the state, the public vigilance and, above all, the social audits.11 The legislation specifies the
role of the state in ensuring transparency and accountability through upholding the right to
information and disclosing information proactively, preparation of annual reports by CEGC
for Parliament and SEGCs for state legislatures, undertaking mandatory financial audit by
each district along with physical audit, taking action on audit reports, developing a Citizen's
Charter, establishing vigilance and monitoring committees, and developing grievance
redressal system.
To ensure public accountability through public vigilance, the NREGA designates social
audits as key to its implementation
The continuous process of social audit on NREGA works involves public vigilance and
verification at the stipulated 11 stages of implementation: registration of families; distribution
of job cards; receipt of work applications; selection of suitable public works; preparation of
technical estimates; work allocation; implementation and supervision; payment of wages;
payment of unemployment allowance; evaluation of outcomes; and mandatory social audit in
the Gram Sabha or Social Audit Forum. The Gram Panchayat Secretary called Sarpanch is
designated as the authority responsible for carrying out the social audit at all stages. For some
stages, the programme officer and the junior engineer is also responsible along with
Sarpanch12. The statute designates the Gram Sabha meetings held to conduct social audit as
the Social Audit Forums and spells out three steps to make them effective: publicity and
preparation of documents; organizational and procedural aspects; and the mandatory agenda
involving questions verifying compliance with norms specified at each of the 11 stages of
implementation.13
The Act recommends establishment of Technical Resource Support Groups at district, state
11
Ministry of Rural Development (2005). "Mahatma Gandhi National Rural Employment Guarantee Act
(Mahatma Gandhi NREGA)"
12
Menon, Sudha (10 Jan 2008). "Right To Information Act and NREGA: Reflections on Rajasthan"
13
Ministry of Law and Justice (2008). "Constitution of India". "Ministry of Law and Justice",Government of
India.
11
and central level and active use of Information Technology, like creation of a Monitoring
and Information System (MIS) and a NREGA website, to assure quality in implementation
of NREGA through technical support. The law allows convergence of NREGA with other
programmes. As NREGA intends to create additional employment, the convergence should
not affect employment provided by other programmes.
12
CURRENT STATUS
In current financial year 2011-12, (upto December, 2011) 3.77 Crore households were
provided employment and 120.88 Crore person-days of employment were generated. The
enhanced wage earnings have led to a strengthening of the livelihood resource base of the
rural poor in India; 72 percent of funds utilized were in the form of wages paid to the
workers. Self-targeting in nature,
marginalized groups like SC/STs (40%) and Women (49%) in 2011-12 (upto December,
2011). Total works undertaken were 62.72 lakh in the same period, of which 53 percent
relates to Water Conservation, 12 percent for the provision of Irrigation facility to lands
owned
for Rural
Connectivity, 9 percent for Land Development, 4 percent for Any other activity approved by
MoRD and 0.37 percent for Bharat Nirman Rajiv Gandhi Seva Kendra. Women participation
in current financial year upto December, 2011 was 49% and the participation of SC & ST in
current financial year upto December, 2011 is 40%.
16
The Hindu (2012). "Manmohan directs Planning Commission to address gaps in NREGA"
13
17
Ministry of Rural Development (2002). "Sampoorna Grameen Rozgar Yojana (SGRY) Guidelines"
14
(iii) Men and women over 18 years and below 60 years of age, normally residing in the
villages are covered.
(iv) A maximum of two adults per family are provided the assurance of 100 days
employment.
(v) Works should be labour intensive which results in the creation of durable productive
assets.
(vi) As an individual beneficiary oriented scheme, on the lands of BPL families, horticulture
development is a permitted activity.
(vii) Implementing agencies are Block Development Officers, District officers of various line
Departments, Block Samitis, Gram Panchayats and NGOs.
(viii) Expenditure is shared between the Centre and the States on 80 : 20 basis.
(ix) The desirous workers have to get themselves registered with village level workers or
Gram Panchayats and are issued a family card.
(x) 50% of EAS funds shall be utilised for watershed development only in DPAP and DDP
blocks.
(xi) When about 10 workers demand work, new projects can be started by the block level
officer for providing employment.
FEATURES OF MNEREGA
The notion that public works programs can provide a strong social safety net through
redistribution of wealth and generation of meaningful employment has been integral to the
Indian policy-making agenda. The Mahatma Gandhi National Rural Employment Guarantee
Act (MGNREGA) 2005 is currently a major part of this agenda. The Act was enacted at a
point in time when more than a decade of sustained high growth in GDP experienced in the
1980s and the 1990s was perceived not to have made a sufficient dent in poverty in the rural
India18.
18
MGNREGA (2012) Operational Guidelines 2012, Govt. of India, Ministry of Rural Development,
Department of Rural Development (MG NREGA-I Division)
15
The Act was notified on 5 September 2005 and was implemented in rural districts in 3
phases. Each state is required to design an employment guarantee scheme based on a set of
national guidelines. Public work programmes or employment generation programmes like the
Maharashtra Employment Guarantee Scheme (MEGS), Food for Work Programme (FWP),
Sampoorna Grameen Rozgar Yojana (SGRY) and National Food for Work Programme
(NFFWP) have been used to address the issue of unemployment and generate employment
through the creation of labour- intensive productive assets and have thus provided the
foundation for the MGNREGA19.
Rationale
A common feature of all the schemes mentioned above was that they were formulated and
executed by implementing agencies and their termination was at the will of the executive.
The theoretical rationale behind employing these programmes is fourfold: i) mitigation of
unexpected and seasonal shocks ii) mitigation of idiosyncratic shocks iii) anti- poverty
measures; and iv) provision of public goods and services.
Mandate
The Act mandates enhancing livelihood security in rural areas by providing at least 100 days
of guaranteed wage employment in a financial year to every household whose adult members
volunteer to do unskilled manual work.
19
MGNREGA (2012), Report to the people, Ministry of Rural Development, Department of Rural
Development, Government of India, New Delhi, 2nd February, 2012.
16
Objective
The primary objective of the Act is augmenting wage employment for the poorest of the poor
while the secondary objective is to strengthen natural resource management through works
that address causes of chronic poverty, like drought, and thus encourage sustainable
development.
The Act is an attempt to provide a legal guarantee of employment to anyone in rural areas
willing to do casual manual labour at a statutory minimum wage. What makes the
MGNREGA distinct from any other public employment programme is that it is
a universal and enforceable legal right concurrent with some of the provisions of Article
39 and Article 41 of the Directive Principles of State Policy in the Indian Constitution that
enshrine the ideals of the Right to Work.
20
Moitri Dey (2010),National Rural Employment Guarantee Act (NREGA) A Range of Possibilities,
International Journal of Rural Studies (IJRS), Vol. 17 No. 2 Oct, 2010, pp.1-7.
17
Design features
Key design features in the context of social security and unemployment support:
Guaranteed Employment - Any adult member of a rural household applying for work
under the Act is entitled to employment. Every rural household is entitled to not more
than 100 days of employment.
Guaranteed Wages - Wages are to be paid on a weekly basis and not beyond a
fortnight. Wages are to be paid on the basis of:
o Centre- notified, state- specific MGNREGA wage list
o Time rates and Piece rates as per state- specific Schedule of Rates (SoRs)
o In any case, the wage cannot be at a rate less than Rs. 100 per day.
Gender Equity Men and women are entitled to equal payment of wages. One- third
of the beneficiaries are supposed to be women. Worksite facilities like creches are to
be provided at all worksites.
18
Financial Inclusion Since 2008, all wage payments have had to be transferred to
bank or post office accounts of beneficiaries.
Social Security Measures In 2008, a provision was created which made it possible
to cover beneficiaries under either the Janashree Bima Yojana (JBY) or the Rashtriya
Swasthya Bima Yojana (RSBY).
Adult associates of a non-urban family may implement for career if they are willing to
do inexperienced guide perform.
Such a family will have to implement for signing up to the regional Gram Panchayat,
in composing, or by mouth.
The Gram Panchayat after due confirmation will problem a Job Cards to the family as
a whole. The Job Cards will keep the picture of all mature associates of the family
willing to perform under
NREGA the Job Cards with picture is totally without any cost A Job Cards having
family may publish an itemized program for career to the gram:
Local gram Panchayat organization, revealing enough some time to length for which
performs is desired. The lowest times of career have to be 15.
The local Gram Panchayat will problem a old invoice of the published program for
career, against which the assurance of offering career within 15 times operates
Employment will be given within 15 times of program for perform by a career hunter.
19
Disbursement of income has to be done on every week base and not beyond a couple
weeks.
Local Panchayat Raj Organizations, also known as PRIs have a major part in
preparing and execution.
Each region has to get ready a display of tasks. The chosen performs to offer career
are to be chosen from the record of allowable performs The different groups of
allowable performs are as follows:
Land Development
Rural connectivity Work should normally be offered within 5 km distance of the town
or else additional income of 10% is due21.
o Work website features such as crche, water, shelter have to be provided
o Social Review has to be done by the local Gram Sabha.
o Grievance redresser systems have to be put in position for guaranteeing a
sensitive execution procedure.
o All records and information about the Program are to be created available to
any individual wanting to of acquiring a duplicate of such information, on
need and after spending a specified fee.
21
The National Rural Employment Guarantee Act 2005 (NREGA), Annual Report April 2008-March 2009,
Ministry of Rural Development, Department of Rural Development, Govt. of India, New Delhi.
20
22
Harsimran Singh (2012), Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA): Issues
and Challenges, International Journal of Research in Commerce, Economics & Management, Vol. 2, No. 1, Jan,
2012, pp. 136-140
21
Denial of registration
Reports from the field point to incidents of denial of registration to single-woman-headed
households and physically challenged individuals. Discrimination based on caste has also
been noted in some states like Gujarat. During a survey conducted by Participatory Research
in Action (PRIA) in the state of Uttar Pradesh (Sitapur district), women were discouraged
from registering. In Gujarat (Sabarkantha district) the aged and physically challenged were
denied registration forms 23
(report by Participatory Research in Action (PRIA); survey undertaken from April 25-May 25 in 11 states. For
22
panchayat sevak and the villagers. Receipts, however, are crucial as a proof of work
demanded.
Implementation and supervision of NREGS works
Absence of worksite facilities
The NREGA provides for facilities for safe drinking water, shade for children, periods of rest
and a first-aid box at the work site24. But a lot has to be done to ensure these facilities, the
notable absence of which is a problem that cuts across states. Some reports from the field in
Orissa (Kalahandi district) (Advisor to the Commissioners; Implementation of NREGA in
Bhawanipatna block of Kalahandi district of Orissa, June 2006), Chhattisgarh (Jashpur
district), Jharkhand (Palamau district), Madhya Pradesh (Jhabua, Khandwa and Umaria
districts) and Gujarat (Sabarkantha district) observe a complete lack of facilities at the
worksite. In Rajasthan's Dungarpur district, however, it was heartening to note that medical
kits were found at most worksites.
Small children remain unattended, in the heat. As a consequence, women are hesitant to bring
their children to the sites. It also forces them to rethink about applying for work in the first
place. Trees act as the only source of shade for the rural poor working at the sites. The
Commissioners of the Supreme Court
25
shelters must be built for those doing NREGA labour. The PIL focuses on the general need to
uphold the 'right to food', which follows from the fundamental 'right to life' enshrined in
Article 21 of the Indian Constitution. Though the final judgment in the case is still awaited,
significant 'interim orders' have been passed from time to time.
Presence of contractors
Like in many other rural development programmes, contractors are increasingly becoming a
threat to the NREGA. Though this may not be very apparent on the surface, private
contractors are slowly finding their way into the system. The Act clearly states (Schedule I,
Section 11), that no contractor is permitted in the implementation of these projects. Yet,
reports from Chhattisgarh and Orissa point towards this emerging problem.
Non-availability of muster rolls at the worksite
24
25
23
It is rare indeed to find muster rolls at the worksites. Reports from across NREGA districts
show that kutchamuster rolls/attendance sheets are being maintained by people at worksites.
Rough notebooks and diaries are being used to mark attendance and make wage payments.
Shortage of staff and delay in appointments
The Act's launch was not accompanied by the appointment of additional staff for its
implementation. This has resulted in the existing staff being burdened with additional work.
At the panchayat level, the guidelines specifically advised the appointment of a 'rozgar
sevak'. Disappointingly, this has not yet been done. The lack of staff is having a negative
impact on the workings of the NREGA. A survey in Jashpur block, Chhattisgarh, found that
sub-engineers were being burdened with the task of maintaining job cards, implying that their
primary tasks suffered. Such additional appointments are a rare opportunity to provide
employment to the youth in our villages and should not be allowed to be squandered due to
administrative hurdles.
Stopping of works
Some states like Chhattisgarh have disrupted work under the NREGA on account of the
monsoons. A circular issued by the Chhattisgarh government clearly states that from June 15
to October 15, the state will not be liable to open works within 15 days, or provide an
unemployment allowance. Rumours of similar disruptions also abound in the state of Orissa.
Such declarations not only violate the Act, they also affect landless farmers. Field
organisations from Chhattisgarh report that due to such stoppages, the wage rate has
decreased to as little as Rs 15, leaving landless farmers with no negotiating powers. They are
forced to accept whatever is determined by rich landlords. Such occurrences beat the
objectives of the formulation of the NREGA.
Disruption due to imposition of election code of conduct
Elections (including by-polls and state elections) also disrupt the Act's implementation. Early
this year (in March 2006), some states like West Bengal, Kerala, Tamil Nadu and Assam
witnessed a disruption in the NREGA due to the imposition of the election code of conduct.
Lately, the NREGA process is being disrupted in the Malda and Puruliya districts of West
Bengal, on account of by-polls. Absence of confirmed employment, refusal of work to
applicants and a ban on starting new works in these areas are forcing labourers to migrate in
24
search of work. This, despite clear instructions from the Planning Commission that job
cardholders would be provided employment after the announcement of elections
Payment of wages
Delay in wage payments
Delays in wage payments have always been a matter of concern in previous employment
programmes, and this issue continues to plague the NREGA. Wage payments are delayed for
weeks, sometimes months. The time lag varies from state to state. For instance, in Jashpur
district, Chhattisgarh, month-long delays were noted. In some areas like Barwani district,
Madhya Pradesh, the delay was for a period of 15 to 30 days. Delays were also noted in
Manika and Manatu blocks in Jharkhand.
Payment of less than the minimum wage
In many states, workers do not earn minimum wages. For instance, in Gujarat's Sabarkantha
district the paid wage is as low as Rs 4 to Rs 7 26; in Kalahandi district (Bhawanipatna block)
of Orissa workers earn between Rs 40-Rs 50, whereas the minimum wage is Rs 55. Women
are paid even less -- about Rs 30 per day. In some states like Jharkhand, workers are paid as
little as Rs 10.
The reasons behind payment of less than the minimum wage vary. In some states soil type is
not being considered, as a result of which payments are affected. The system of chauka in
some states like Jharkhand also leads to the lowering of wages. As elaborated by Jean Dreze
and Bela Bhatia, in their27: "Under this system, the workers are supposed to dig a chauka (pit)
of pre-specified size (for example, 100 cubic feet in the case of soft soil) in order to earn the
minimum wage. In practice, this system raises several problems. To start with, it typically
takes more than a day for an average labourer to complete the specified task, making it hard
to earn the statutory minimum wage. This is a violation of the Act, which states that the
"schedule of rates" should be such that a labourer working for seven hours would normally
earn the minimum wage (Schedule I, Section 8)."
26
status report on implementation of the NREGA in Gujarat, prepared by Sabar Ekta Manch and Janpath, April
2006
27
article 'Employment Guarantee in Jharkhand: Ground Realities', published in the Economic and Political
Weekly, July 22, 2006
25
SOCIAL AUDITS
Civil society organisations (CSOs), nongovernmental organisations (NGOs), political
representatives, civil servants and workers of Rajasthan and Andhra Pradesh collectively
organise social audits to prevent mass corruption under the NREGA. As the corruption is
attributed to the secrecy in governance, the 'Jansunwai' or public hearing and the right to
information (RTI), enacted in 2005, are used to fight this secrecy. Official records obtained
using RTI are read out at the public hearing to identify and rectify irregularities. "This
process of reviewing official records and determining whether state reported expenditures
reflect the actual monies spent on the ground is referred to as a social audit." Participation of
informed citizens promotes collective responsibility and awareness about entitlements.
An application under the RTI to access relevant official documents is the first step of the
social audit. Then the management personnel of the social audit verify these official records
by conducting field visits. Finally, the 'Jansunwai' or public hearing is organised at two
levels: the Panchayat or village level and the Mandal level. The direct public debate
involving the beneficiaries, political representatives, civil servants and, above all, the
government officers responsible for implementing the NREGA works highlights corruption
like the practice of rigging muster rolls (attendance registers) and also generates public
awareness about the scheme28.
28
World Bank (2008). "Social Audits: from ignorance to awareness. The AP experience".
26
These social audits on NREGA works in Rajasthan highlight: a significant demand for the
scheme, less that 2 per cent corruption in the form of fudging of muster rolls, building the
water harvesting infrastructure as the first priority in the drought-prone district, reduction of
out-migration, and above all the women participation of more than 80 per cent in the
employment guarantee scheme. The need for effective management of tasks, timely payment
of wages and provision of support facilities at work sites is also emphasised.
To assess the effectiveness of the mass social audits on NREGA works in Andhra Pradesh,
a World Bank study investigated the effect of the social audit on the level of public awareness
about NREGA, its effect on the NREGA implementation, and its efficacy as a grievance
redressal mechanism. The study found that the public awareness about the NREGA increased
from about 30 per cent before the social audit to about 99 per cent after the social audit.
Further, the efficacy of NREGA implementation increased from an average of about 60 per
cent to about 97 per cent. Finally, the effectiveness of the social audit as a grievance redressal
mechanism was measured to be around 80 per cent.29
Save MGNREGA
'Save MGNREGA' is a set of demands proposed during the joint meeting of the national
leadership of CITU, AIAWU, AIDWA and AIKS in New Delhi. The agenda was to discuss
the dilution of MGNREGA scheme by the new government. Following demands were
proposed:
1. Govenrment of India should increase the Central allocation for the scheme so that number
of workdays can be increased to 200 and per day wage can be increased to Rs. 300.
2. Job card to be issued for everyone who demands job, failing which, after 15 days
employment benefits should be given.
3. Minimum 100 days of work should be ensured to all card holders
4. Minimum wage act should be strictly implemented. Delay in wage payment should be
resolved.
5. MGNREGA should be extended to urban areas.
6. Gram Sabhas should be strengthened to monitor proper implementation of the scheme and
also to check corruption.
29
27
28
CONCLUSION
NREGA is among the largest social welfare schemes implemented anywhere in the world.
The Act provides for at least 100 days of wage employment to at least one adult member of a
rural household who is ready to do unskilled manual work.
In the current financial year alone, it has reached out to 35.8 million households in selected
districts, creating nearly 1.59 billion person-days of work in this financial year. NREGA
envisages that physical work leading to community assets like irrigation canals, all-weather
roads, water tanks, etc, will be created through this labour in the vicinity of villages.Indias
NREGA is the only Act which gives its rural people such a right and that too in the era of
Liberalization, Privatization and Globalization (LPG). It has a vital role to play because of its
humane approach. It serves as an effective safety net for the unemployed especially during
famine and drought. It has enabled them with sufficient purchasing power and they are able
to at least to support their basic necessity i.e. food.
The Act has confined the rural poor to their areas and stopped migration to the cities. It is not
only giving rural livelihoods but also involving them in other non-agricultural work. This has
helped in handling disguised workers. Employment in other non-agricultural work will also
improve the rural infrastructure i.e. rural asset building. It will ultimately lead to sustainable
development.
As with any government scheme, proponents hail it as one of the most direct and effective
poverty alleviation programmes, while detractors believe a lot of money is going into wrong
and undeserving hands.
There have been two or three significant and recurring criticisms about NREGA. One of them
is that the assets created by the scheme are of dubious quality. Another criticism is that funds
are being given out as dole to the not-so-deserving. Neither criticism may be entirely
unwarranted, as it is difficult to check the exact status of people or quality of assets being
created in such a massive programme.
At another level, the country's infrastructure sector is booming but the construction industry
is in dire need of skilled workforce. The paucity is not only delaying projects but also
impacting the quality of workmanship. There is hardly a channel of supply of skilled and
certified masons, bar-benders, carpenters, etc, on the scale required, so that a person serving
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as an unskilled labour till the other day at one site may declare himself a mason at another
site, the next day.
Thus, marrying the two major plan initiatives will kill two birds with one stone: make
NREGA more effective and provide a steady supply of skilled workforce. The idea may call
for some path-breaking coordination at the national level, but that could be handled by the
Planning Commission.
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BIBLIOGRAPHY
Dobhal, Harsh. Writings on Human Rights, Law, and Society in India: A Combat Law
Anthology : Selections from Combat Law, 20022010, 2011
Pasha, Dr. Bino Paul GD and S M Fahimuddin. Role of ICT in Mahatma Gandhi
National Rural Employment Guarantee Act (MGNREGA)
2005,
20062012". "Ministry
of
Rural
Development", Government
of
WEBSITES
Ghildiyal, Subodh (11 Jun 2006). "More women opt for rural job scheme in
Rajasthan". The Times of India
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