THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977

[MAHARASHTRA ACT No. XX OF 1978]

[This Act received the assent of the President on the 1st October, 1978; the assent was first published in the Maharashtra Government Gazette, on the 3rd October, 1978].

[Amended by Mah. 24 of 1980 (24-ll-1980)²]3

An Act to make effective provision for securing the right to work by guaranteeing employment to all adult persons who volunteer to do unskilled manual work in rural areas in the State of Maharashtra

WHEREAS it is expedient to make effective provision for securing the right to work laid down in Article 41 of the Constitution of India by guaranteeing employment to all adult persons who volunteer to do unskilled manual work in rural areas in the State of Maharashtra ;

AND WHEREAS it is necessary to engage such adult persons on works which would bring into being durable assets for the benefit of the community and the economy;

AND WHEREAS it is further necessary to provide for continuing employment of surplus rural manpower in cottage, village and small industries and in agro-industries.

AND WHEREAS it is also necessary to make certain supplemental, incidental and consequential provisions; It is hereby enacted in the Twenty-eighth Year of the Republic of India as follows:—

1.  For Statement of Objects and Reasons,  See Maharashtra Govern­ment Gazette, 1977, Part V, Extra ,p. 179

2. This indicates the date of commencement of Act.

3. Maharashtra Ordinance No. XV of 1980 was repealed by  Mah. 24 of 1980, S. 5.

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Maharashtra Employment Guarantee Act, 1977.

(2)  It extends to the whole of rural areas of the State of Maharashtra.

(3) It shall come into force in all the areas to which it extends on such date as the State Government may, by notification in the Official Gazette, appoint.

SECTION 02: DEFINITIONS

In this Act, unless the context other­wise requires, -

(a) "adult person" means a person who has attained the age of eighteen years ;

(b) "the Committee" means the District Level Committee, or, as the case   may be,   the Panchayat Samiti Level Committee, constituted under Section 5;

(c) "the Council" means the  Maharashtra  State Employment Guarantee Council constituted under Section 4;

(d) "implementing agency" includes any Depart­ment of the State Government, the Zilla Parishad, any other local authority or State Government Undertaking, which is entrusted by the State Government with the task of implementing any works taken up under the Scheme.

(e) "implementing officer" means    the   highest officer of the implementing   agency  in the   District or any officer subordinate to him to whom   any  of  the powers or duties of the agency have been entrusted;

(f) "Panchayat Samiti area" includes any "C" Class municipal area;

(g) "Panchayat Samiti Level Officer" or "Samiti Officer" means the person not below the rank of Tahsildar or Block Development Officer, appointed under Section 10 by the State Government for the implementation of the Scheme in the area of Panchayat Samiti concerned;

(h) "productive works" means any works which, in the opinion of the State Government, will directly or indirectly contribute to the increase of production, or the absence of which will inhibit the increase of production ;

(i) "prescribed" means prescribed by rules made under this Act;

(j) "rural areas" means all the areas of the State of Maharashtra, except those for which a Municipal Corpo­ration or Cantonment Board was established or constituted under any law for the time being in force, or those which were classified as 'A' or 'B' Class municipal areas under the Maharashtra Municipalities Act, 1965, on the date of passing of this Act; and any area, which after the passing of this Act comes to be included within the limits of a Municipal Corporation or   Cantonment   Board or   an 'A' or 'B' Class Municipal   Council shall cease to be a rural area, from the date of such inclusion;

(k) "Scheme" means the Employment Guarantee Scheme prepared and published under Section 7 and for the time being in force.

SECTION 03: GUARANTEE OF EMPLOYMENT TO ADULT PERSONS IN RURAL AREAS

Every adult person in the rural areas in Maharashtra shall have a right to work, that is, a right to get guaranteed employment for doing unskilled manual work and to receive wages therefor weekly or in any case not later than a fort­night, in accordance with the provisions of this Act and the Scheme made thereunder.

Explanation:—A work shall be regarded as unskilled, if any adult person, without any special training, can normally be expected to do it and which is so classified in the Scheme.

SECTION 04: STATE COUNCIL AND ITS FUNCTIONS

(1) For the purposes of having a periodical review and supervision of the implementation of this Act, there shall be a Council to be called the Maharashtra State Employment Guarantee Council. *[The State Government shall appoint the President and the Chair­man and other members of the Council.] The number of other members of the Council shall not exceed twenty-six, of whom at least two members shall be appointed from persons belonging to the Backward Classes.

(2) The other function of the Council shall be to advise the State Government on   all   matters concerning this Act and the Scheme and their implementation.

(3) The Council   shall   be competent to undertake an evaluation of the Scheme and for this purpose collect or cause to be collected statistics pertaining   to the rural economy of Maharashtra in general and   the socio-economic condition of the rural labour and the implementation of the Scheme in particular. It shall also   be competent   for   the Council to recommend to the State Government  the appointment of one or more Study Groups for undertaking   a   study   of specific-questions and problems   connected   with the implementation of this Act and the Scheme.

(4)    The   Council   shall co-ordinate of the working of the District Level Committees.

[(5) The President shall be the head of the Council. The President and the Chairman shall exercise such powers and perform such duties, and the inter-se relations between them shall be such, as the State Government may, from time to time, prescribe.]

SECTION 05: DISTRICT AND PANCHAYAT SAMITI LEVEL COMMITTEES AND THEIR FUNCTIONS

(1) The State Government shall constitute a District Employment Guarantee Committee in every District and a Panchayat Samiti Employment Guarantee Committee in every Panchayat Samiti area. On every District Level Committee and Panchayat Samit, Level Committee,  at    least  two   members   shall   be   appointed from persons belonging to the Backward Classes and two members shall be either from persons who have been employed on the works of the Scheme or from any registered union of the agricultural labourers The Chairman of every such Committee shall be appointed from the non-official members thereof.

(2) These Committees shall,  within their respective jurisdictions, supervise and review  the implementation of the Scheme, from time to time, and shall   suggest   to   the   State Government and the   Council  such  steps as in their opinion are necessary for a more effective implementation of this Act. The Collector and the   Samiti   Officers concerned shall, from time to time, report   to   the Committees the action taken by them or the State Government   on   the   suggestions made by the Committees.

(3)    Every District Level Committee shall co-ordinate the   working   of  the   Panchayat   Samiti Committees in the District.

SECTION 06: COLLECTOR RESPONSIBLE FOR IMPLEMENTATION OF SCHEMES IN EACH DISTRICT

The Collector of the District shall be res­ponsible for the implementation of the Scheme in the District and for this purpose all other officers of the State Government, the Zilla Parishad and other local authorities or bodies functioning in the District and having for their jurisdiction an area not bigger than the District shall be responsible to the Collector.

SECTION 06A: COMMISSIONER'S POWERS TO SUPERVISE IMPLEMENTA­TION OF SCHEME IN EACH DIVISION

(1) The Commissioner of the Division or any officer or officers not below the rank of Assistant Commissioner designated by him in this behalf, shall be competent to supervise and review the implementation of the Scheme in the Division. The Commissioner shall be competent to issue directions to the Collectors, other officers (including Divisional level officers), local authorities and other bodies regarding implementation   of the Scheme, and it shall be incumbent on all of them to carry out such directions.

(2) For the purpose of implementation of the Scheme, the Collectors, other officers, local authorities and other bodies in the Division, shall be responsible and subordinate to the Commissioner to such extent and in such manner as the State Government may direct.]

SECTION 07: PREPARATION AND PUBLICATION OF SCHEME

(1) For the purpose of giving effect to the employment guarantee mentioned in Section 3, the State Government shall prepare a Scheme for providing employment to all adult persons residing in the rural areas, who volunteer to do unskilled manual work, subject to the conditions laid down by or under this Act or in the Scheme.

(2) The Scheme shall have the following essential features:—

(i) Only productive works shall be taken up under the Scheme:

"[Provided that, if, in the opinion of the State Govern­ment, it is necessary to provide employment in any area on any work to meet the conditions created by natural calamities like heavy rains, floods, earthquakes, droughts, scarcity or cyclones, the State Government may permit such works being taken up under the Scheme for such temporary period as the State Government may, from time to time, decide.]

(ii) The works taken up under the Scheme shall be in the rural areas ; it shall however, be lawful for the State Government to direct that certain categories of works may be taken up in areas other than rural areas,

(iii) Every Collector shall be asked to prepare blue prints of the works to be taken up under the Scheme in the District. Such blue prints shall be prepared by him as a part of the District plan, but be based on the Panchayat Samiti area development plans prepared with a view to give employment guarantee to all adult persons for unskilled manual work and to make use of natural resources, actual or potential, which are readily available in the respective Panchayat Samiti areas. The Collector shall place the blue prints for approval before the District Level Committee, which shall give its approval after taking into consideration the views of the Panchayat Samiti Level Committee.

(iv) In order to anticipate the demand for manual work, a manpower budget for the District shall be prepared, so that it may be possible to plan the works to be taken up under the Scheme, taking into account the special distribution of unemployment over the District.

(v) The Scheme may also provide, as far as possible, for the training and upgradation of the skills of the unskilled labour.

(vi) The wages shall be directly linked with the quality and quantity of work.

(vii) The wages shall be paid according to the schedule of rates, which shall be fixed by the State Govern­ment for different types of works, from time to time. The schedule of rates shall be so fixed that a person working diligently for 7 hours a day would normally get a total wage equal to the minimum wage for agricultural labourer for the lowest zone fixed by the State Government, from time to time.

*[In areas which are affected by natural calamities like heavy rains, floods, earthquakes, droughts, scarcity or cyclones, wages may be paid on such works, at such daily rates and for such temporary period, as the State Government may direct.]

(viii) It shall be open for the Samiti Officer to direct any person who volunteers for employment under the Scheme to do work of any type permissible under the Scheme.

(ix) All works taken up under the Scheme shall be executed departmentally and not through any contractor :

Provided that, skilled items of works such as gorge filling where it is absolutely necessary, and waste-weir compo­nent of work of percolation and   minor irrigation tanks, may be executed on the basis of a piece rate system, but the wages payable to unskilled labour shall be in accordance with the tasks prescribed under the Scheme.

(x) When works are taken up under the Scheme on private lands, which will directly benefit the holders of the lands, then, notwithstanding the fact that under the provisions of any other law, or any executive orders, for the time being in force such holders are entitled to a subsidy in respect of such works, *[a subsidy under the Scheme, at such rates as may by prescribed, shall be financed from the Employment Guarantee Fund.]

(xi) The work taken up under the Scheme shall so organised by the Collector that the normal agricultural operations in the District are not adversely affected and that a balance is maintained between the principle of guaranteed work with minimum wage on the one side and the require­ments of labour for agricultural operations, as well as the requirements of labour for the implementation of the regular plan and non-plan works of the State Government on the other side.

(xii) The State Government shall provide in the Scheme for a periodical inspection of the works taken up under the Scheme to ensure proper quality of the works as well as to ensure that the total wages paid for the completion of any work are commensurate with the quality and quantity of the work done.

(xiii) The State Government shall provide in the Scheme for the appointment of an Audit Squad to conduct a periodical audit of the expenditure incurred under the Scheme.

(xiv) If a personal injury is caused to any person employed under the Scheme by accident arising out of and in the course of his employment, he shall be entitled, free of charge, to such medical treatment   as is admissible under the Scheme, and where hospitalisation is necessary, the State Government shall arrange for such hospitalisation including accommodation, treatment and diet. During the period he is undergoing treatment in the hospital, he shall be entitled to daily wages at the rate of half of the minimum wages referred to in clause (vii). In case of death of such person, an ex-gartia payment of rupees five thousand shall be made to his legal heirs in the manner laid down in the Scheme. In case of disablement, such person shall be entitled to such ex-gratia payment as may be determined in accordance with the Scheme, but the amount of such payment shall not exceed five thousand rupees.

(xv) Subject to the rules made in this behalf, the State Government shall ordinarily provide all kinds of tools and implements and gun powder required for any work and where tools and implements are not so provided and are brought by the person concerned he shall be paid such hire charges as may be prescribed.

(xvi) The State Government shall, as far as possible, undertake comprehensive land development programmes on water-shed basis. Such woks shall, as far as possible, be provided within a radius of five kilometres from the village of the workers engaged on such works.

(3) The Scheme   shall   provide for the registration of the names and   addresses   of persons who volunteer to work under   the   Scheme.   Such  registration  shall be done at the headquarters of the Gram Sevak   or the Talathi, as the State Government may specify, within whose jurisdiction the village where the person resides is situated.

(4) The Scheme so prepared shall be published in the Official Gazette, and a summary thereof shall also be published in such local newspapers,   having   wide   circulation   in each District, as the State Government may determine.

(5) Until the Scheme is prepared and published under this section, the employment Guarantee Scheme of the State Government in operation immediately before the   date of commencement   of this Act shall be deemed to be the Scheme made and published under this Act.

SECTION 07A PROVISION FOR PERMISSION TO BE ABSENT AND EX-GRATIA PAYMENT IN CASES OF MATERNITY AND STERILIZATION OPERATIONS AND OF ACCIDENTS TO ACCOMPANYING CHILDREN ETC

(1) Subject to such conditions as the State Government may by general or special order, specify, every woman, who has been employed under the Scheme for a period of not less than one hundred and fifty days, or for such lesser period as may be prescribed, in the twelve months immediately preceding the date of her expected delivery, shall be permitted to be absent from work for a period of thirty days, and during this period ex-gratia payment of daily wages payable or paid to her in the month immediately preceding the date from which she absents herself on account of such permission.

(2) Subject to such conditions as the State Government may, by general or special order, specify, every person, who has been employed   under the Scheme and undergoes sterilization operation or any other operation or treatment for birth control and family planning as may be approved in this behalf by the State Government,  shall be permitted to remain absent from work for rest and recuperation for such period not exceeding fourteen days as may be recommended by a medical   officer approved by the State Government, and during this period to ex-gratia payment of his average daily wages.

(3) If personal injury is caused by accident to a child accompanying any person, who has been employed under the Scheme, or where temporary, partial or total disablement or death of such child results from such injury, the person shall be entitled, free of charge, to such medical treatment for the child as the State Government may, by general or special order, determine, and to ex-gratia payment of such amount as may be determined by the Collector or by an officer auhorised by him, in this behalf, which shall in no case exceed the scale laid down in clause (xiv) of sub-section (2) of Section 7 for personal injuries etc., caused to the person concerned.

(4) The State Government may, on the merits of each case, sanction ex-gratia payment to any person who has been employed under the Scheme of such amount, not exceeding five thousand rupees, as it deems necessary to meet any other like hardships or contingencies not provided for in this section, arising out of his employment on an Employment Guarantee Scheme work, subject to such conditions as it may deem fit to impose by general or special order].

SECTION 08: CONDITIONS APPLICABLE FOR GUARANTEED EMPLOYMENT TO ADULT PERSONS IN RURAL AREAS

(1) Every adult person who—

(i) is residing in any rural area ;

(ii) is willing to do any unskilled manual work ; may get his name and address registered with an authority or officer specified by the State Government in this behalf (hereinafter referred to as "the registering authority") who shall register the name and address of such person, after making such enquiry as it deems fit. The registration shall be for such period as may be laid down in the Scheme and may be renewed, from time to time. The registering authority, if satisfied that any person has got himself registered by making a false declaration of his age, may, after giving reasonable opportunity to the person concerned of being heard, delete his name from the register.

(2) Every registered person  shall  be entitled to be provided with employment in accordance   with  the   Scheme for the time being in force.

(3) It shall be the duty of the State Government to provide employment in accordance with the provisions of the Scheme to every such registered person, if a letter asking for such employment and stating therein the   period   for   which employment  is required and the   period for   which   such a person is willing to work continuously, which shall not   be less than one month, is received   from   such   person by the Samiti Officer or by the Gram Sevak or the Talathi,  as  may be specified by the  State  Government,  within whose juris­diction the village where the person resides is situated.   Such person shall be provided with employment as  far as possible on  any   work   within   the   area of  the   Panchayat Samiti where   he   resides,    but    in   any   case    not    outside   the District.

(4) If within 15 days of the receipt  of  the   letter for employment under the Scheme by the Samiti Officer or by the Gram Sevak or the Talathi, as the case   may be, the State Government is unable to provide employment to such person under the Scheme, in the manner mentioned in sub-section (3), the person shall be entitled to receive from the Employ­ment Guarantee Fund an unemployment allowance at such rate as may be fixed by the State Government from time to time, but not less than Re. 1 per day.

(5) The liability  of the   State   Government   to  pay unemployment allowance   under   sub-section (4) shall com­mence after the expiry of 15 days   from  the   receipt   of the letter for employment by the Samiti Officer or by the  Gram Sevak or the Talathi, as the   case may be, and   shall   cease immediately after the Samiti Officer, by   a  letter  sent to the person on the address mentioned in the register,  directs  him to report at any work taken up under the Scheme.

(6) Notwithstanding anything contained in  this  Act, if the State Government is during any period unable,  owing to circumstances beyond human control like rains, or  other unusual natural   calamities ; to provide   employment  under sub-section (3), there shall be no liability on the State Government to pay the   unemployment   allowance   under sub-section (4) during that period.

(7) When it is not expedient for the State Government to provide employment   immediately on works sanctioned under the Scheme notwithstanding anything to the contrary contained in any other law for   the   time   being in  force, it shall be lawful for the Collector  to  issue   directives to the Village Panchayats to take up such  works as are  prescribed, from the Village Employment Fund constituted under the Bombay Village Panchayats Act, 1958,  for such  duration as he may   direct. If a person from whom a letter   has   been received under sub-section (3) is provided with employment on such works, he shall be deemed  to have been provided with employment under that sub-section.

(8)  The unemployment allowance to be  paid to an unemployed person under sub-section (4) shall be  sanctioned and paid by an authority   empowered by the State  Govern­ment in this behalf and for  this purpose the State Government    may     prescribe     such    procedure    as     it deems fit.

(9)   No person shall be entitled to any unemployment allowance under sub-section (4), if he—

(i)   does not accept employment provided to him under sub-section (3);

(ii)   does not report for   work   within 7 days of being asked to do so ;

(iii) continuously remains absent from work, without the permission of the implementing officer, for a period of more than one week, or remains absent for a total period of more than one week in any month.

(14) Any person, who is provided with employment under sub-section (3) and does not accept the same or who loses his entitlement to the unemployment allowance under; sub-section (9), shall stand debarred from claiming unemployment allowance for a period of three months, but during this period of three months, shall not be debarred from getting employed on any works. Such defaults shall be reported by the Samiti Officer to the concerned registering authority.

(11)    Whenever any dispute arises between any person who sends a letter for employment under sub-section (3) and the Samiti Officer, it shall be referred by the Samiti Officer to such Authority as the State Government may  prescribe  and the decision of such Authority shall be final.   The aggrieved person may also refer the dispute   directly   to the Authority; The State Government may   prescribe   the   procedure to be followed by such Authority while deciding   such disputes, as well as the functions and the powers of the Authority.

(12)    Notwithstanding    anything   contained    in   the foregoing sub-sections, where there is no able bodied adult member in a family, a minor   member of such   family, who has completed his age of fifteen years, shall also  be entitled to register   his   name and   address   under   sub-section  (1) and shall be paid wages according to   the  quantum of his work;

SECTION 09: PENALTY FOR DRAWING UNEMPLOYMENT ALLOWANCE WHEN EMPLOYED ELSEWHERE

Any person,

(a)   who   has   an   employment  but sends a letter asking for employment under sub-section (3) of Section 8 and draws unemployment allowance under sub-section (4) of that section ; or

(b) who is in receipt of unemployment allowance under sub-section (4) of Section 8 and accepts employment elsewhere but does not bring this fact to the notice of the Samiti Officer and continues to draw unemployment allowance under that sub-section, shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.

SECTION 10: SAMITI OFFICERS AND THEIR FUNCTIONS

(l) For every Panchayat Samiti area, the State Government shall appoint a Panchayat Samiti Level Officer, to be called the Samiti Officer, for the implementation of the Scheme in Panchayat Samiti area concerned.

(2) The Samiti Officer shall, from time to time, obtain from the registering authority a list containing the names and addresses of persons registered with it.

(3) The works to be taken up under the Scheme shall be sanctioned by the State Government or the Collector or by such other officer   as   the State Government may specify for this purpose, subject to such limits on the costs of works as the   State Government   may, by order, specify. The Samiti Officer shall, from time  to time, obtain from the Collector a list of works sanctioned within the District.

(4) On receipt of a letter   for employment under sub­section (3)   of  Section   8,   the Samiti Officer shall decide to which sanctioned work in   his   Panchayat   Samiti   area   the applicant   may   be   directed,   and   accordingly   inform  the applicant and also the officer in charge of the execution of the work.    If it is not possible for the Samiti Officer to direct the person to any work in his   Panchayat Samiti area, he may, in consultation with the Collector, direct   him to a work outside the Panchayat Samiti area, but within the District.

(5) The Collector and other implementing agencies in the District shall be responsible for the funds placed at their disposal by the State Government. They shall maintain the accounts of employment and expenditure in such manner as may be prescribed.

SECTION 11: PROVISION   FOR EMPLOYMENT ON   OTHER   WORKS

(1) Whenever any work taken up under the Scheme is completed and it is not longer possible to provide unskilled manual employment on such work, it shall be the duty of the imple­menting officer concerned to report this fact to the Collector as well as to the Samiti Officer concerned. It shall then be the duty of the Samiti Officer to direct the persons employed on such works to any other work already taken up under the Scheme or to a work to be started under the Scheme with the sanction of the Collector or of the State Government, as the case may be.

(2) If within four days of the receipt of intimation of the   completion   of the  work, the Samiti Officer is unable to direct the workers employed on such work to any other work under the Scheme as   mentioned   in sub-section (1), the State Government shall from the fifth day onwards pay to the person concerned unemployment allowance   as per sub-section (4) of Section 8.

(3) If any person who under sub-section (2) has been asked by the Samiti Officer to report at any other work under the Scheme fails to do so   within 7 days of being directed by the Samiti Officer  to  do so, he shall stand debarred from claiming unemployment allowance as if he has been disquali­fied under sub-sections (9) and (10) of Section 8.

(4) The State Government's liability to pay unemploy­ment allowance under sub-section (2) shall cease immediately after the Samiti Officer directs the person concerned to report at   some   other   works,   either existing or yet to be started, under the Scheme.

SECTION 12: ESTABLISHMENT OF EMPLOYMENT GUARANTEE FUND AND ITS UTILISATION FOR THE SCHEME

(1) On the date of commence­ment of this Act, a Fund to be called the Employment Guarantee Fund shall be deemed to be established.

(2) Any amount standing to the credit of the Employ­ment   Guarantee   Fund   established   under the Maharashtra State Tax on Professions, Trades, Callings   and Employments Act, 1975 read with the Maharashtra Tax Acts (Amendment) Act, 1975, shall stand transferred   to,   and  form part of, the Fund   deemed   to   be established under sub-section (1) with effect from the date of commencement of this Act.

(3) The following shall form part of, or be paid into, the Fund, namely:—

(a)    the amounts   transferred  to the Fund under Section 30 of the   Maharashtra   State   Tax   on   Professions, Trades, Callings   and  Employments  Act, 1975,  and  under Section 4 of the Maharashtra Tax   Acts   (Amendment)   Act, 1975, and the amounts of the matching contributions made by the State Government laid down in the said Acts ;

(b) any contributions or grants made by the State Government, the Central Government or any local authority;

(c) any sums received  from other bodies or indi­viduals whether incorporated or not.

(4) Any amount   transferred or credited to the Fund shall be charged on the Consolidated Fund of the State.

(5) The   amount   standing   to the credit of the Fund shall be expended in such manner and subject to such condi­tions as may be prescribed   for   the purpose of implementing the Scheme *[including for meeting the administrative charges and   for  making   ex-gratia payments as provided under this Act.]

(6) Temporary diversions of funds for utilisation on other departmental schemes or plan schemes, which have for their objective, the generation   of employment or the creation of productive   assets   or both may be permitted by the State Government, subject to the   Fund   being reimbursed by such amount in the same or next financial year.

(7) The Fund shall be held and administered on behalf of the State Government   by an officer not below the rank of a Secretary to the State   Government,  subject to such general or special directions as may be given by the State Government, from time to time.

SECTION 13: AMENDMENT OF CERTAIN ENACTMENTS AND RULE OF CONSTRUCTION FOR REFERENCES TO SCHEME AND FUND IN OTHER LAWS:-

(1) The enactments specified in the second column of the Schedule are hereby amended in the manner and to the extent specified in the third column thereof.

(2) All references in any other law or in any instru­ments for the time being in force to the Employment Guarantee Scheme or Fund of the State Government or in the State of Maharashtra, shall be construed as references to the Scheme or the Fund, as the case may be, under this Act.

SECTION 14: DELEGATION OF POWERS

The State Government may, by notification in the Official Gazette, direct that the powers exercisable by it, except the powers to make the Scheme and the rules, *[          x              x             x              x

x             x              x              x   ]

shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by such officer or officers subordinate to it as may be specified in the notification.

SECTION 15: PROTECTION OF ACTION TAKEN IN GOOD FAITH

No suit, prosecution or other legal proceedings shall lie against the State Government or any authority or officer or body or person for anything which   is in good faith done or intended to   be   done   in   pursuance of this Act or the Scheme or the rules made thereunder.

SECTION 16: ACT TO HAVE OVERRIDING EFFECT

The provisions of this Act or the Scheme, rules, notifications or orders made or issued thereunder shall have effect notwithstanding anything inconsistent   therewith   contained   in   any other law for the time being in force or in any instrument having effect by virtue of such law.

SECTION 17: POWER TO MAKE RULES

The power to make rules under this Act shall be exercisable by the State Government by notification in the Official Gazette.

(2) Without   prejudice to any power to make rules contained elsewhere in this   Act,   the State Government may make rules consistent with this Act to carry out the purposes of this Act.

(3) All rules made under this Act shall be subject to the condition of previous publication.

(4) Every rule   made under this Act shall be laid, as soon   as   may   be after  it is made, before each House of the State Legislature,   while   it  is in session for a total period of thirty   days,   which   may   be comprised in one session or in two or more successive sessions, and if before the expiry of the session   immediately   following the session or the successive sessions aforesaid,   both   Houses agree in making any modi­fication in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified  form or be of no effect, as the case may be ; so, however, that  any such modification or annulment shall be without  prejudice   to the validity of any­thing previously done under that rule.

THE MAHARASHTRA EMPLOYMENT GUARANTEE RULES, 1979

G.N.,  P.D.,  No. EGS. 1077/87-EMP-5. dated 27th January, 1979 (M.G., Pt. IV-B, p. 119) Amended by corrig P. D. No. EGS. 1077/87/EMP-5, dated 3rd February, 1979 (M.G., Pt. IV-B, p. 180) Amended by G.N., P.D., No. EGS. 1080/264-D-33, dated 1st October, 1981

(M.G., Pt. 1V-B., p. 1789) In exercise of the powers conferred by Section 17 of the Maharashtra Employment Guarantee Act, 1977 (Mah. XX of 1978) and all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (3) of the said Section 17, namely :—

RULE 01: SHORT TITLE

These rules may be called the Maharashtra Employ­ment Guarantee Rules, 1979.

RULE 02: DEFINITION

In these rules, unless the context  otherwise requires,

(a)    'the Act' means the Maharashtra Employment Guarantee Act, 1977 (Mah. XX of 1978).

(b) 'the Form' means a form  appended  to these rules.

(c) 'section' means the section of the Act.

(d) 'words and expressions' used but not defined in these rules shall have the meanings respectively assigned to them in the Act.

RULE 03: PROVISIONS OF TOOLS, IMPLEMENTS AND   GUN-POWDER

(1) On the works executed under the Scheme, the implements and tools required by the workers shall ordinarily be provided by the State Government and the cost of sharpening of such implements and tools shall be borne by Government. If the workers bring their own implements and tools, payments shall be made to such workers at such rates as may be decided by the State Govern­ment, from time to time, as additional wage towards the hire charges of the implements and tools so brought by such workers. If the tools and imple­ments used by the labourers need regular sharpening and if it is not done at Government cost, sharpening charges as such rates as may be fixed by the State Government from time to time may be paid to the workers.

(2) The gun-powder required for drilling and blasting of hard rock encounter during the execution of a work shall be supplied by the State Government.

RULE 04: REGISTERING AUTHORITIES

The  Samiti  Officer  of a  Panchayat Samiti area shall in consultation   with the   Collector  of the District appoint the registering authority for each village (including C-Class municipal areas) from among the Talatis, Gram-sevaks and Assistant Gram-sevaks working in the Panchayat Samiti area.

RULE 05: REGISTRATION FOR EMPLOYMENT

(1) Any adult person (i.e., a person who has attained the age of 18  years) residing in a rural area and is willing to do any unskilled manual work  under the Employment Guarantee Scheme may get his name registered with  the  registering  authority  of the village, by giving an application indicating the details mentioned in Form No. 1. The registering authority need not insist that the application  should be in the prescribed form provided all the details mentioned in Form No. 1. are furnished by the applicant. In case the  person willing to be registered is not in a position to give a written application, the registering authority may take down the details furnished orally by   the person  without insisting for a written application.

(2)    On receipt of the  application  for  registration (written or oral), the registering authority shall generally satisfy himself about the correctness of the particulars of the employment seeker   and register the name of the person if his age is 18 years   or  above.    In   case the  registering  authority has any doubt about the correctness of the   age of the   applicant, he can ask for proof for the same and   decide the matter.    In case   a person who is below 18 years but has attained 15 years is applying for   registration on the ground that there is  no able   bodied   adult  person in his family, the registering authority   shall, after  satisfying  himself about this, register the name of the person.   The registering authority  shall maintain a register of all employment seekers in Form No. 2.

(3)    On registration of a person, the registering authority   shall issue a non-transferable identity card to him in Form No. 3 and obtain his signa­ture or thumb   impression   in  Form   No. 2 in   token of the receipt of the identity card     The identity cards required for this purpose will be supplied by the Samiti Officer.

(4)    The registration of  the employment   seekers and also the issue of identity cards shall be done free  of cost.

RULE 06: PROCEDURE FOR MAKING APPLICATION   FOR   EMPLOYMENT

A person who is registered for employment under the   Scheme and   who is in need of employment shall apply in Form No.   4 either  to the Samiti Officer of the concerned Panchayat   Samiti   or  Registering Authority   of the   concerned village.   This application shall be handed over by the applicant personally to the Samiti Officer or the Registering authority. It shall not be insisted that the application shall be in the prescribed form, provided all the details and the undertaking mentioned in Form No. 4 are given. The authority receiving the application shall acknowledge receipt of the same in Form No. 5. The letters asking for employment received by the Registering Authority shall be forwarded to the Samiti Officer as and when he receives the same and in any case not later than 3 days of the receipt of the letter. The Registering authority shall maintain a register in Form No. 6 regarding the applications received by him.

RULE 07: PROVISION OF EMPLOYMENT

The Samiti Officer shall consider each letter asking for employment received by him or forwarded to him by the Registering Authorities and shall after satisfying himself that the applicant is already registered for employment direct him immediately by a letter in Form No. 7 to a work sanctioned under the Scheme within the Panchayat Samiti area and if it is not possible to direct him to any work within the Panchayat Samiti area, to a work in any other Panchayat Samiti area within the same District. A copy of the same letter should be; forwarded to the implementing officer-in-charge of the work, also. The implementing officer or his representative shall absorb the person on the above work if he presents himself for the work within 7 days of the receipt of the letter issued by the Samiti Officer. If, owing to reasons beyond his control, the implementing officer or his representative finds it impossible to absorb the person on the work, he shall record the same with reasons there­of on the copy of the letter brought by the person and shall inform the Samiti Officer separately. On receipt of this intimation from the implementing officer, the Samiti Officer shall immediately direct the person by a letter in the same form (Form No. 7) to some other work.

RULE 08: PROVISION OF EMPLOYMENT WHEN IT IS NO LONGER POSSIBLE TO CONTINUE TO PROVIDE EMPLOYMENT ON   A WORK

When any Implementing   Officer finds that it is not possible to continue to provide unskilled manual employment to a registered person, who in pursuance of his letter asking for employment was directed by the Samiti Officer to the work, he shall immediately report this fact to the Samiti Officer indicating the date from   which such a regis­tered person could not be given employment and the name and the registra­tion number of such a person.    The Samiti Officer shall  on   receipt of such a report from the implementing Officer immediately   and in   any  case  not alter than 4 days, direct such a person to some other work.

RULE 09: ENTITLEMENT TO RECEIVE UNEMPLOYMENT ALLOWANCE

(1) A   person who is registered under the scheme   and who has   given a letter   asking for employment shall be entitled to receive unemployment allowance at the rate of Re. 1 per day or at such high rate as  may be fixed by the State  Government, if,—

(a) the letter from the Samiti Officer directing him to any work is not issued  before the expiry of 15 days from the receipt of  the letter for employment (in that case he shall be entitled  for  unemployment  allowance for the period commencing on the   expiry of 15 days from the receipt by the Registering Authority or   the   Samithi   Officer, as the case   may be, of the letter for employment till the actual date on which the letter from the Samiti Officer, directing him to a work is issued), or

(b) the letter of the Samiti  Officer  directing him to some other work when it is not possible to   continue to  provide employment on a work to which he was directed  by the   Samiti   Officer is not issued within 4 days of the receipt by the Samithi Officer of   the  intimation of this fact from the Implementing Officer of the work (in that case the person shall be entitled for unemployment allowance for the period  commencing on the expiry of 4 days after the receipt of intimation by the   Samiti   Officer from the   Imple­menting Officer till the date on which the  letter directing him to some other work  is issued), or

(c) he is not absorbed on the   work by the Implementing Officer when he reports for work within 7 days of the   receipt of the letter from the Samiti Officer (in that case he shall be entitled for   unemployment allowance for the period commencing on  the expiry of 15  days from the receipt of the letter for employment till the date on   which a letter directing him to some other work is issued), or

(d)    he, on being directed to   some   other   work  by the Samiti Officer when it is not   possible  to   continue to   provide   employment on an earlier work, is not absorbed when he   reports for work within 7 days of the receipt of the letter from the Samiti   Officer (in that case he shall be entitled for employment allowance from   the period   commencing on the expiry of 4days after the receipt of intimation about inability to continue to provide employment on the earlier work till the issue of the letter redirecting him to another work).

(2)   The above entitlements for employment allowance, are, however, subject to the following conditions :—

(a)    If, owing to circumstances beyond human control like rains or unusual natural calamities,  the State  Government is   unable to provide employment (i.e., the Samiti Officer being unable to issue the letter directing the employment seeker to a work or the   Implementing Officer being   unable to absorb the persons directed by the Samiti Officer or to take up or continue the work), there shall be no   liability  on the part of the State Government to pay unemployment allowance.

(b)    A person will   render   himself ineligible to unemployment allowance for a period of three months, if he does not report for work within 7 days of his being asked to do so, or continuously remains absent from work without the written permission of the  Implementing   Officer for a period of more than one week, or remains absent for a total period of more than one week in any month.    Therefore, whenever any person claims unemployment allowance, it shall be verified    whether  at  any  time within a  period of 3 months   immediately   preceding,   he   had    rendered  himself ineligible  to unemployment allowance on account of any of the reasons mentioned above.

(c) A person who is found to have claimed and accepted un­employment allowance while already having an employment will not be entitled to unemployment allowance for a period of 3 months from the last day on which he is so found to have claimed and accepted unemployment allowance.

RULE 10: PROCEDURE   FOR   PAYMENT   OF  UNEMPLOYMENT   ALLOWANCE

(1)  A person claiming unemployment allowance shall make an application in Form No. 8 to the Samiti Officer within 7 days of the last day of the period for which unemployment allowance is claimed. Separate applications shall be made for each continuous period for which unemployment allowance is claimed. The period for which unemployment allowance is claimed in an application shall not exceed 30 days. No unemployment allowance shall be claimed for a period beyond the date of application for unemployment allowance. A copy of the acknowledgement received while handing over the letter for employment shall be attached to the application. In case a person claims unemployment allowance on the ground that he was not absorbed on a work to which he was directed by the Samiti Officer he shall attach a copy of the letter issued by the Samiti Officer directing him to the work and endorsement of the Implementing Officer or his representative regarding his inability to absorb the person on the work. If the above requirements are not fulfilled in the application, it shall be liable for rejection.

(2) On receipt of the application, the Samiti Officer shall make necessary enquiries and if he is satisfied that the applicant is registered for employment under the Scheme and is entitled for payment of unemployment allowance, he shall issue an order to that effect Form No. 9 including the period for which the unemployment allowance is payable and direct the Registering Authority of the concerned   village   to   make   payment   of the unemployment allowance to the applicant. If the Samiti Officer rejects the demand for unemployment allowance, he shall record the reason for rejecting the same and intimate the applicant in Form No. 10. As far as possible, the Samiti Officer shall decide the application for unemployment allowance within ten days of its receipt.

(3) The Registering Authority making payment of unemployment allowance shall do so in the presence of a witness and shall obtain the signature or thumb impression of the person receiving unemployment allowance and also the witness in token of the payment in Form 11 after making necessary entries. The Registering Authority shall submit monthly statements to the Samiti Officer regarding the payment of unemployment allowance made by him in Form No. 12.

RULE 11: SETTLEMENT OF DISPUTES

When a dispute   arises between a person giving a letter for employment and the  Samiti Officer regarding provision of employment or payment of unemployment allowance, it shall be referred by the Samiti Officer to the Sub-Divisional   Officer, who   has  jurisdiction over the concerned Panchayat  Samiti area.    The   aggrieved   person   may   also directly approach the Sub-Divisional Officer, but he may do so within 15 days from the date of the order by which he is aggrieved. The Sub-Divisional Offi­cer shall decide the matter after making summary enquiries and pass suitable orders and communicate the same to the   Samiti Officer   and  the concerned person. For this purpose, the Sub-Divisional Officer may require the presence of the Samiti Officer or any   Panchayat Samiti   level   Implementing Officer. The Sub-Divisional Officer may, as far as possible, hold   the enquiry at the Panchayat Samiti headquarters.    The decision of the  Sub-Divisional Officer shall be final.

RULE 12: POWERS OF COLLECTOR TO DISTRICT VILLAGE PANCHAYATS TO TAKE UP WORKS FROM THE VILLAGE EMPLOYMENT FUND

When it is   not   expedient   to  provide employment to a person asking for employment on any work taken up under the Scheme, the Collector of the district may direct a    Village Panchayat to take up works permissible under the Maharashtra Village Employment Fund Rules, 1974, from the Village Employment Fund. It  shall be binding on the Village Panchayat to abide by the  directive of the Collector provided there is balance in the Village Employment Fund.    It shall  also be binding on the Village Panchayat to absorb   such   of  the   persons   as   are directed by the Samiti Officer.

RULE 13: MAINTENANCE OF ACCOUNTS OF   EMPLOYMENT AND EXPENDITURE

The Collector and the other implementing agencies shall maintain account of employment in Form 13 and Form 14, respectively. The accounts of expenditure shall be maintained at district level by the Collector in Forms 15 and 16. The implementing agencies shall maintain the account of expendi­ture in the manner prescribed by the respective departments for the normal works of those departments.

RULE 14: UTILISATION OF EMPLOYMENT GUARANTEE FUND

(1) The Fund shall be expended for the purpose 1[of implementing the scheme, which shall include the administrative charges, payment of unemployment allowance under the Act] and the expenditure to be incurred on ex-gratia payments to the workers, who sustain injuries as a result of any accident while engaged on the works under the Scheme or to the members of the families of the workers who die as a result of any such accident.

(2) The expenditure for the purpose of implementing the Scheme (including the administrative charges), which are initially debited to the Consolidated Fund shall be transferred to the Fund by corresponding deduct entry thereunder.

RULE 14A: SUBSIDY TO PRIVATE LAND HOLDERS

When any work described in sub-section (1) of Section 4 of the Bombay Land Improvement Schemes Act, 1942 (Bom. XXVIII of 1942), is taken under the Scheme on any private land, then the holder shall be entitled to a subsidy under clause (x) of sub­section (2) of Section 7 of the Act, at such rate not exceeding 50 per cent of the total cost of the works, as may be determined under the Scheme, where the total cost includes a work cost and establishment cost not exceeding 33-1/3 percent of the actual work cost]

RULE 15: ADMINISTRATION OF EMPLOYMENT GUARANTEE FUND

(1) The Fund shall be held and administered on behalf of the State Government by the Secretary to Government in the Planning Department and in his absence by such other Secretary to Government as  the State Government may designate in that behalf.

(2) No sums from the Fund shall be paid or applied, except for the purposes which are approved by the Secretary to Government, Planning Department, or by any officer authorised by him in this behalf.