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BACKGROUND:
The Constitution of India refers to the Right to Work under the ―Directive Principles of State
Policy‖. Article 39 envisages the state to ensure that citizens, men and women equally have
the right to an adequate means to livelihood. Further, Article 41 emphasizes that the State
within the limits of its economic capacity and development will make effective provision for
securing ‗Right to Work‘. This was to be achieved through a systematic public intervention in
terms of policies and planning popularly known as Five Year Plans. The first Five Year Plan
(1951-56) stressed on full employment with minimum wages to the newly employed.
Though this broad approach has been followed all-through the Five Year Plans, the direct
anti-poverty programmes including employment generation schemes were started from the
Sixth Five Year plan (1982-87) onwards. The major schemes introduced by the Central
Government are: National Rural Employment Programme (NREP) 1980-89; Rural Landless
Employment Guarantee Programme (RLEGP) 1983-89; National Rural Employment
Guarantee Scheme (NREGS) etc.
National Rural Employment Guarantee Scheme (NREGS) is possibly the most ambitious
income security programme for India‘s rural poor in Post Independent India. About 30
percent of Indians are living in absolute poverty but in actual terms it moves up to as much as
77 percent. Most of the vulnerable are from scheduled castes and tribes, the minorities and
other backward classes (OBCs). They also happen to have very low or negligible land
holdings and any other assets to speak of other than their labour power. The rural poor
principally comprise of landless labourers, who are not even assured of finding work on a
daily basis. It is in this context that the NREGS assumes importance since it guarantees 100
days of work to anyone desirous of it at the minimum wage.
1
Jairaj Singh Rathore, a student of University School of Law & Legal Studies, GGS Indraprastha University, Delhi-
110403. E-mail – jairaj.rathore12@gmail.com
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INTRODUCTION:
The scheme provides a legal guarantee for one hundred days of employment in every
financial year to adult members of any rural household willing to do public work-
related unskilled manual work at the statutory minimum wage of Rs.60 per day.
This act was introduced with an aim of improving the purchasing power of the
rural people, primarily semi or un-skilled work to people living in rural India
MGNREGA is the flagship programme of the UPA Government that directly touches
lives of the poor and promotes inclusive growth.
The Act aims at enhancing livelihood security of households in rural areas of the
country.
MGNREGA is the first ever law internationally, that guarantees wage employment at
an unprecedented scale.
Dr. Jean Drèze, a Belgian born economist, at the Delhi School of Economics, has
been a major influence on this project.
Aruna Roy was one of the chief campaigners for the original scheme.
Strengthening the management of natural resource through works that address causes
of poverty like drought, deforestation and soil erosion and so encourage sustainable
development.
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Infusing accountability and transparency and in governance.
FEATURES AT HAND:
First such effort in the world to provide legal guarantee for the Right to Work.
All rural households in rural areas, whose adult members volunteer to do unskilled
manual work eligible.
Job card under the Act is the right of every rural household willing to work on
MGNREGA and applies for it.
Choice of works done through village level plans and 50% or more of work to be
executed by Panchayati Raj institutions.
One of the most distinguishing features of the MGNREGA is its approach towards
empowering citizens to play an active role in the implementation of employment
guarantee schemes, through gram sabhas, social audit, participatory planning and
other activities.
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IMPLEMENTATION OF ACT:
The following image shows the key processes in the implementation of MGNREGA:
Cost sharing: Central Government shares 3/4th of the total cost and the State
Government shares 1/4th.
Adult members of rural households submit their name, age and address with photo to
the Gram Panchayat.
The Gram Panchayat registers households after making enquiry and issues a job card.
The job card contains the details of adult member enrolled and his/her photo.
Registered person can submit an application for work in writing (for at least fourteen
days of continuous work) either to Panchayat or to the Programme Officer.
The panchayat/programme officer will accept the valid application and issue dated
receipt of application, letter providing work will be sent to the applicant and also
displayed at panchayat office.
If employment under the scheme is not provided within fifteen days of receipt of the
application daily unemployment allowance will be paid to the applicant.
IMPLEMENTATION MECHANISM:
The given chart displays mechanism of implementation and the key bodies and functionaries
that are responsible for the effective implementation of the Act. According to the
MGNREGA Operational Guidelines, the Ministry of Rural Development, Government of
Rural Development, Government of India is the nodal Ministry for the implementation of
MGNREGA. It is required to set up the Central Council which will be responsible for
ensuring timely and adequate resource support to the states.
It will undertake regular review, monitoring and evaluation of processes and outcomes. It will
establish a Management Information System (MIS) to capture and track data on every critical
aspect of implementation, and assess the utilization of resources through a set of performance
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indicators. It will support innovations that help in improving processes towards the
achievement of the objectives of the Act. It will support the use of Information Technology
(IT) to increase the efficiency and transparency of the processes as well as improve interface
with the public. It will also ensure that the implementation of MGNREGA at all levels is
sought to be made transparent and accountable to the public.
Implementation Mechanism
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THE STATE GOVERNMENT
As per the MGNREG Act, 2005, the State Government has to formulate a Rural
Employment Guarantee Scheme (REGS), and the Rules relevant to its
implementation, under Section 4 of the Act. It will set up the SEGC (State
Employment Guarantee Council) as stated under Section 12 and also designate an
officer as the State Rural Employment Guarantee Commissioner responsible for
ensuring that all activities required to fulfil the objectives of the act are carried out. It
will ensure that the State Share of the REGS budget is released on time. It will ensure
wide communication of the Scheme and dissemination of information regarding its
implementation. It will ensure all administrative, financial and technical support to the
District Programme Coordinator, Programme Officer, Panchayat Raj Institutions
(PRIs) and all other agencies involved in implementation.
The SEGC is required to advise the State Government on the implementation of the
Scheme, and evaluate and monitor it. It will also decide on the ‗preferred works‘ to be
implemented under REGS, and prepare Annual Reports for submission to the State
Legislature.
DISTRICT PANCHAYAT
Further the operational guidelines state that the District Panchayat will be responsible
for finalising the District Plans and for monitoring and supervising the REGS in the
District. It can also execute works from among the 50% that are not to be
implemented by the Gram Panchayats. The State Government will designate a District
programme Co-ordinator (DPC), who shall be responsible for the overall co-
ordination and implementation of the Scheme in the District.
The Block Panchayat will be responsible for planning at the Block level, and for
monitoring and supervision. It can also be given the responsibility of executing works
from among the 50% that are not to be executed by the Gram Panchayat. A full-time
officer will be appointed as the Programme Officer at the Block level, who shall be
responsible for co-ordinating the works undertaken by the Gram Panchayat and the
implementing agencies at the Block level.
GRAM SABHA
The Gram Panchayat has a pivotal role in the implementation of REGS as per the
MGNREGA operational guidelines. It is responsible for planning of works,
registering households, issuing job cards, allocating employment, executing 50% of
works, and monitoring the implementation of the Scheme at the village level. The
Gram Sabha should also facilitate the implementation of the Scheme, by acting as a
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forum for sharing the information about the Scheme, and also in ensuring
transparency and accountability.
FUNDING PATTERN:
The government of India has established a fund called the National Employment
Guarantee Fund, from which grants are released directly to Districts. Revolving funds
are to be set up under REGS at the District, Block and Gram Panchayat levels, with
separate bank accounts being opened for such funds at each level.
Each Rural Employment Guarantee Scheme is required to have the minimum features
specified in Schedule 1 and Schedule 2 of the Act. Section 4 of the Act also provides
that until such a Scheme is notified by the State Government, the Annual or
Perspective Plan of the Sampoorna Grameen Rozgar Yojana (SGRY) or national
Food for Work Programme (NFFWP), whichever is in force is that area, shall be
deemed to be the action plan for the Scheme for the purposes of the Act. These
guidelines have been formulated to facilitate the design and implementation of Rural
Employment Guarantee Schemes. They should be interpreted as a broad operational
framework, around which further provisions may be built, taking into account the
State‘s economic, social and institutional context.
The Act is a Centrally Sponsored Scheme on a cost sharing basis the Centre and the States.
The Central government will bear all costs, other than the following:
The intention of the Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA) is to provide a basic employment guarantee in rural areas. The Act
indicates the kinds of works that may be taken up for this purpose. As per Schedule I
of the Act, the focus of the Rural Employment Guarantee Scheme (REGS) shall be on
the following works:
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Rural connectivity to provide all weather roads.
Any other work, which may be notified by the Central government in consultation
with the state governments.
BIGGEST CONTRIBUTION:
Transparency and accountability to the poorest and the weakest is in fact the biggest
potential contribution of the MGNREGA to the entire governance system. The
MGNREGA is an outstanding example of how the RTI Act can be woven into the
fabric of the delivery system and the whole legal and governance paradigm. The
entire expenditure on works and workers — 94 per cent of the total amount — is
required to be put on the website of the MGNREGA, with every transaction revealed
in detail. This can easily be increased to 100 per cent. Using this Management
Information System (MIS), Vijaypura Gram Panchayat in Rajsamand District has
begun to build a Janata Information System (JIS) painted on the walls of government
buildings in the Gram Panchayat. The boards reveal the details of the number of days
of work provided and payments made in the year to every Job Card holder in the
Panchayat. Also painted on the walls are the list of works sanctioned, the expenditure
on labour and material, and item-wise expenditure on material in each work in the
Panchayat, including exactly how many bags of cement, sand and trolleys of stone
were procured, and at what rate in the Gram Panchayat. This is like a web wall which
reveals to every interested visitor all that they want to examine.
LARGER IMPACT:
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biometrics card system to prevent leakage and the Centre now is keen to unveil it on
all-India basis
PRAGMATIC APPROACH:
Budget 2010 does have some inkling of pragmatic approach. Mukherjee has done the
right thing by not enhancing the allocation under MGNREGA. In 2009, he made a
budgetary provision of Rs. 39,100 crore, and this year kept it at Rs 40,100 crore. This
is a wise decision considering that MGNREGA is a new scheme, and has a lot of
problems with implementation. Making more allocation gives room for more leakage
and corruption. The finance minister has extended the health insurance cover (that
was initiated last year to BPL families) to also MGNREGA workers who have put in
a minimum of 15 days of labour.
KEY PROCESSES
Work allocation
Payment of wages
Selection of works
During 2008-09, NREGA provided employment opportunities for more than 4.47
crore households as against 3.39 crore households covered in 2007-08.
Govt of India has proposed an allocation of Rs.39,100 crore for the year 2009-10 for
NREGA which marks an increase of 144% over 2008-09 Budget Estimates.
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Mahatma Gandhi National Rural Employment Guarantee Scheme has completed four
years of implementation during which it has been extended to all districts covering
more than 4.5 crore households. The allocation for MGNREGA has been stepped up
to Rs 40,100 crore in 2010-11.
The answer lies in how the labour supply schedule available to private employers in
agriculture reacts to the opposing effects of the MGNREGA : in effect whether or not
the unemployment benefit aspect that provides workers the option of an alternative
source of employment and leads to a reduction in the pool of workers available for the
private employment dominates the contestability effect of the MGNREGA that makes
private employment options more lucrative subsequent to a rise in private-sector
wages. Intuitively, if the disposable income generated by public works programmes is
low enough relative to the disposable income generated from private employment
then the contestability effect dhoud dominate, leading to an increase in both private-
sector and unemployment.
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CHALLENGES IN IMPLEMENTATION:
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.
Non-issuance of receipts
Another general problem noted in the villages is the absence of a system to issue
receipts (pauthis) to applicants. This could be because of lack of awareness on the part
of the panchayat sevak and the villagers. Receipts, however, are crucial as a proof of
work demanded.
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Issues related to measurement of work done
Regular measurement of work done, according to a schedule of rural rate sensitive
supervision of works by qualified technical personnel on time. Reading out muster
rolls on work site during regular measurement to prevent bogus records and payment
of wages below prescribed levels.
CRITICISM OF MGNREGA:
There is some truth to the criticism that this act is just a way of redistributing the
income rather than making any lasting improvements in the rural infrastructure. Even
its main proponents are silent on the details of the infrastructure projects successfully
completed through the program and the benefits of such projects to the local
communities. A majority of the supporters only show its effectiveness in improving
governance procedures and making people aware of their rights. This is, however,
more an offshoot of the successful implementation of the Right to Information act in
the MGNREGA program than the MGNREGA itself.
It would just create a long term dependency among the poor on the largesse of the
Govt. If the works are only of marginal importance, and involve mainly the equivalent
of digging and filling the ground, it would be such a huge waste of human potential
and resources.
With the new changes in store, chances are the rural jobs scheme will become a
vehicle for gigantic expenditures in the name of the poor with very little money
actually going to the poor.
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Misuse of public Funds:
The apparent misuse of much larger amounts of public funds rarely gets much
mention in the press, especially when it pertains to expenditure that is likely to benefit
the urban elite, such as major new highways or new airports. But on the relatively
small amount of money spent on MGNREGA there have been shrill and adverse
allegations in the media from the very start.
The lack of the administrative capacity to run this scheme in the desired
decentralised manner and the need to build this capacity quickly and effectively.
The main deficiency was the lack of adequate administrative and technical
manpower at the Block and GP levels, especially the Programme Officer,
Technical Assistants, and Employment Guarantee Assistants. The programme so
far has not done what it was supposed to do to the full extent, mainly because of
the shortage of administrative and technical staff. Therefore is the urgent need to
ensure more administrative assistance for the programme at all levels, which
really means both resources and personnel devoted to the actual implementation,
monitoring and financial management of the programme.
The major problem with MGNREGA is that there is absolute absence of an effective
grievance redressal system. The common labourers are not aware to whom to submit
their grievances and what will happen to that. Although the government of India
recently passed an ombudsman order, but there are also many loopholes.
A second is the danger that, given their focus on the creation of local employment,
MGNREGA may be discouraging rural workers from moving to areas of higher
productivity where skills for better employment can be obtained, and so may be
delaying economic transformation.
Many argue that the poor implementation of MGNREGA makes beneficiaries believe
that it is no better than other government schemes that have had little impact on
poverty. Although MGNREGA is a flagship project of the governing coalition, there
is much political rivalry over the scheme.
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In most of the states, MGNREGA has become a source of guaranteed income for the
corrupt officials. However, with all the instances of corruption and misappropriation
of MGNREGA funds, it has also proved as one of the better scheme in terms of
providing income to the rural labourers and building some short of infrastructures (it
may not be productive structures in all the cases) at the village level. But much needs
to be done. I personally feel that MGNREGA should not be considered as only a
scheme which has the provision of giving hundred days of work to the people; it
needs to be seen in a broader perspective. Along with its objective NREGA can be an
effective tool for organizing rural labourers and mobilizing them to demand for other
basic rights.
RECOMMENDATIONS/SUGGESTIONS:
MGNREGA, 2005 Act is an important step towards the realization of the right to work. It
is also expected to enhance people‘s livelihoods on a sustained basis, by developing the
economic and social infrastructure in rural areas. The choice of works seeks to address
the causes of chronic poverty such as drought, deforestation and soil erosion. Effective
implementation of the, employment generated under the Act has the potential of
transforming the geography of poverty. But it is very important for the people that this
scheme should survive for long for the development of rural areas and for economic and
social prosperity and seeing MGNREGS work from closely in the areas where it is
performing well i would like to give some recommendations for the effective functioning
of MGNREGS. Some of these are as follows:
There should be a awareness programs for the workers, as whatever mistakes were
found it was because of unawareness among the workers.
Government should form auditing agency at Panchayat level and it should consist of
not only the government officials but some other agencies and NGOs.
The block offices should be closed down and a direct link should be established
between district headquarters and the Gram Sabhas. The Gram Sabhas must be given
the right of issuing job cards, preparation of muster rolls, planning, implementation
and monitoring of the schemes.
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times penalty. There should be also a special court, which can sort out the matters in
time bound manners.
Corruption is the most serious issue in MGNREGA, which is prevalent at every level.
The share is fixed for the government officials in each scheme and misappropriation
of fund is going on shamelessly across the country.
Interestingly, the Legislative, the Executive and the Judiciary, all are aware about the
rampant corruption in MGNREGA but none of these working to bring back the
MGNREGA on the right track. The Chief Justice of the Supreme Court, Justice K.G.
Balakrishnan says, “NREGA is under the clutch of middle men.”
The wage is paid to the labourers through the Bank accounts but contractors and
middle men comfortably get their share. The schemes are also not accomplished
properly but the full amount is released without proper verification. The labourers are
also asked to pay for the job cards. Hence, there is a check post of loot in each
turning-point of MGNREGA.
CONCLUSION:
Even with these variations, the overall story is still positive. Many households have
not been covered, but many have. 100 days of work have not yet been provided, but
an average of 33 days has, which is clearly a step forward. And this will obviously
increase over time. It is one of the most important things. People should know where
the money is spent. The poor person who is working under this Act should get his
wages. Instead, people are extracting money from the poor
There are also some clear successes, in certain states and districts. It is already evident
from field reports that there has been some improvement in consumption of the poor,
reduction of distress migration and slight increases in lean season wage rates
(especially for women) in the areas where the programme has functioned successfully.
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REFERENCES:
3. Tanushree Sood (a researcher with the office of commissioner to the Supreme Court)
– ‗NREGA: Challenges and Implementation‘.
4. Aruna Roy and Nikhil Dey (activists with Mazdoor Kisan Shakti Sanghtan) –
‗NREGA: Breaking New Ground‘ – The Hindu: Magazine – June 21, 2009.
7. Sreelatha Menon – ‗NREGA should have a coherent wage policy‘ – March 14, 2010,
Business Standand.
12. Jayanti Ghosh – ‗The NREGA and its Critics‘ – March 10, 2008.
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