The National Employment Guarantee Act',2005

1
The National Employment Guarantee Act.,2005

• Mazdoor Kisaan Shakti Sangathan
• Village Devdoongri ,Post - Barar
• District Rajsamand (Rajasthan)
• Ph 02909-243254,fax[phone]
• Tilonia 01463-288246
• E- mail mkssrajasthan_at_gmail.com
• mkssrajasthan_at_Yahoo.com

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Registration for Employment

• The adult member of every House hold who
• Reside in rural area and
• are willing to do unskilled manual work,
• may apply for registration of their household
  for issuance of Job Card (Sch2(1))

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Employment in the scheme

• Within 15 days of receipt of an application and
  within a radius of 5 kms. from their place of
  residence
• AND
• If Employment is not provided within 15 days of
  receipt of his application
• he shall be entitled to a daily Unemployment
  allowance(7(1))

4
Unemployment allowances Rates (7(2))

• For First 30 days
• For the remaining period of the Financial year
• Employment wage Unemployment
• allowance

• One fourth of the wage rate.
• Not less than one half of the wage rate
• Equal to the wages for 100 days of work in a
  financial year (7(3d))

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Minimum Wage

• A person working for 7 hours would normally earn
  a wage equal to a wage rate(SchI(8))
• Minimum wage fixed by the state Government under
  section 3 of the minimum wage Act,1948
• Until wage rate is fixed by the Central
  Govt.(6(2))
• Shall not be at a rate of less than Sixty rupees
  per day .(6(1))

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Type of works under the scheme(SchI(1))

• Water conservation and Water harvesting
• Drought proofing(Afforestation and tree
  plantation)
• Irrigation canals
• Provision of irrigation facility to land owned by
  SC/ST/beneficiaries under Indira Aawas Yozna
• Rennovation of traditional water bodies
• Desilting of tanks
• Land development

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Type of works under the scheme contd.

• Flood control and protection works including
  drainage in water logged areas
• Rural connectivity to provide all weather access
• Other works notified by the Central/State
  Government

8
Application for work

• Sarpanch/ward panch
• Programme Officer

• At Gram panchayat Level
• At Block/Tehsil /Taluka Level (appointed
  specially for this scheme) (15(1))

GP/PO shall be bound to accept the valid
applications and to issue a dated receipt to the
applicant .(SchII(10))
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Employment Card (SchII(2))

• Gram Panchayat will issue a Job Card after
  registration
• Job card containing the details of adult members
  of household such as Names ,age ,address and
  photographs.
• Registration will be made for five years and may
  be renewed from time to time.

10
Availability of employment

• Applicants will be intimated by written letter
  and a public notice will be displayed at the
  office of GP and PO (Sch2(11))
• Priority shall be given to women and in such a
  way that at least one third of the beneficiaries
  shall be women(Sch2(6))

11
Availability of employment Continued

• Employment shall be provided within a radius of 5
  Kms. from their residence (Sch2(12))
• If Employment is provided outside 5 Kms., it must
  be provided within Block with 10 extra wage to
  meet additional transportation and living
  expenses (Sch2(14))

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Facilities for laborers at work site

• Safe drinking water(Sch2(27))
• Shade for children and periods of rest
• First-aid Box for emergency treatment and minor
  injuries
• Health hazards connected with work to be provided
  

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Facilities for laborers at work site
continued.

• Depute one woman worker to look after five or
  more children below the age of six years of women
  laborers(Sch2(28))
• Deputed woman shall be paid wage rate (Sch2(29))

14
Serious accidents at work site

• If any person employed under the scheme is or
  child accompanying any person injured he/she
  shall be entitled to free of charge medical
  treatment(Sch2(24))
• During the period of hospitalization of injured
  worker(Sch2(25))
• Accommodation, treatment and medicines
• Half of the wage per day to be paid to injured
  person

15
Serious accidents at work site continued..

• If a person employed under a scheme
• dies or
• becomes permanent disabled by the accident at
  site
• The legal heirs of the deceased or the
  disabled shall be paid an ex gratia payment at
  the rate of Rs.25000 By the Central government
  (Sch2(25))

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Wage payment of laborers

• The wage under a scheme may be paid
• either wholly in cash
• or,in cash and kind
• But at least one fourth of the wages shall be
  paid in cash only
• All payment of wages in cash and UA shall be made
  to concerns in the presence of independent
  persons of the community on pre-announced dates
  (23(4))

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Wage payment to laborers Continued.

• The disbursement of daily wages
• weekly basis or in any case not later than a fort
  night specified under the scheme (3(3))

• weekly basis or in any case not later than a fort
  night specified under the scheme (3(3))
• laborers shall be entitled to receive payment of
  compensation as per the provisions of payment of
  wages Act,1936(4 of 1936)

18
Selection of works,prepare project proposals and
execution of works

• The Gram Panchayat shall be responsible for

• Identification of projects in the GP area and
  prepare a development plan as recommended by Gram
  Sabha and ward Sabha (16(1))

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Selection of works,prepare project proposals and
execution of works

• Gram Panchayat shall

• Maintain a shelf of possible works to be taken up
  as and when demand for work arises(16(3))
• Execution and supervision of such works(16(1))

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Sanctions and allotment of works

• Programme officer (Not below the rank of BDO at
  block level) (15(1))

• GP shall forward its proposals in the order of
  priority to PO for approvals
• PO shall allot at least 50 works in terms of
  cost to be implemented through GP
• PO shall supply each GP
• MRs for the works
• A list of employment opportunities (16(4,56))

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Social Audit Hamaara Paisa,
Hamara Hisaab

• The Gram Panchayat

• Shall make available all relevant documents
  MRs,bills,vouchers,MBs, Sanction orders and
  other books of accounts and Paper to the Gram
  Sabha for the purpose of social Audit (17(3))

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Social Audit continued.. Hamaara
Paisa, Hamara Hisaab

• The Gram Sabha

• Shall monitor the execution of works within the
  GP
• Shall conduct regular social audit of all the
  works done by GP (17(12))

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Social Audit continued.. Hamaara Paisa,
Hamara Hisaab

• 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 such fee

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Social Audit continued.. Hamaara Paisa,
Hamara Hisaab

• The DPO, PO and GP shall prepare annually 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(15,1617))

25
Machines and Contractors are Banned

• The Scheme shall not permit engaging any
  contractor for implementation the project under
  this scheme (SchI(11))
• Works under this schemes shall be performed by
  using manual labour and not by machines
  (SchI(12))

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Grievance Redressal Mechanism

• The State Government shall makes rules and
  regulations to deal with any complaint at block
  and the District level (SchI(19))
• If any dispute or complaint arises the scheme by
  GP the matter shall be referred to PO (23(5))
• The PO shall enter every complaint in a complaint
  register and shall dispose the disputes and and
  complaints within 7 days of its receipt (23(6))

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THANKS AND ZINDABAD