 bill no 132 of  2010 the mahatma gandhi national rural employment guarantee (amendment) bill, 2010 by shri hansraj gangaram ahir, mp a bill further to amend the mahatma gandhi national rural employment guarantee act, 2005be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the mahatma gandhi national rural employment guarantee(amendment) act, 2010"(b) "applicant" means any adult person who has applied for employment under the scheme"3 for section 3 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 35"3 (1) save as otherwise provided, the state government shall, in such rural area in the state as may be notified by the central government, provide to every adult person who volunteers to do unskilled manual work, such work on all working days except the public holidays in accordance with the scheme made under this actguarantee of rural employment to every adult person(2) every person who has done the work given to him under the scheme shall be entitled to receive wages at the wage rate for each day of work10(3) save as otherwise provided, the disbursement of daily wages shall be made on a weekly basis or in any case not later than a fortnight after the date on which such work was done"amendment of section 74 in section 4 of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—15"(1) for the purposes of giving effect to the provisions of section 3, every state government shall, within six months from the date of commencement of this act, by notification, make a scheme, for providing guaranteed employment on all working days except public holidays to every adult person who, by application, volunteers to do unskilled manual work subject to the conditions laid down by or under this act and in the scheme:20provided that until any such scheme is notified by the state government, the annual action plan or perspective plan for the sampoorna grameen rozgar yojana(sgry) or the national food for work programme (nffwp) whichever is in force in the concerned area immediately before such notification shall be deemed to be the action plan for the scheme for the purposes of this act"255 in section 7 of the principal act—amendment of section7(a) for sub-section (2), the following sub-section shall be substituted, namely:—30"(2) subject to such terms and conditions of eligibility as may be prescribed by the state government and subject to the provisions of this act and the schemes and the economic capacity of the state government, the unemployment allowance payable under sub-section (1) shall be paid to the applicants at such rate as may be specified by the state government, by notification, in consultation with the state council:35provided that no such rate shall be less than one-fourth of the wage rate for the first thirty days during the financial year and not less than one-half of the wage rate for the remaining period of the financial year"; (b) for sub-section (3), the following sub-section shall be substituted, namely:—"(3) the liability of the state government to pay unemployment allowance to an applicant, shall cease as soon as the applicant is directed by the gram panchayat or the programme officer to report for work"; and (c) for sub-section (4), the following sub-section shall be substituted, namely:—40"(4) the unemployment allowance payable to an applicant shall be sanctioned and disbursed by the programme officer or such local authority (including the panchayats at the district, intermediate or village level) as the state government may, by notification, authorise in this behalf"amendment of section 96 in section 9 of the principal act, for clause (a), the following clause shall be substituted, namely:—"(a) does not accept the employment provided to him under a scheme; or"amendment of section 157 in section 15 of the principal act, in sub-section (5), for clause (b), the following clause shall be substituted, namely:—5"(b) sanctioning and ensuring payment of unemployment allowance to the eligible applicants;" 8 in schedule ii to the principal act,—a m e n d m e n t of schedule ii(a) for paragraph 1, the following paragraph shall be substituted, namely:—10"1 every adult person who—(i) resides in any rural areas; and (ii) is willing to do unskilled manual work,15may submit his name, age and the address to the gram panchayat at the village level (hereafter in this schedule referred to as the gram panchayat) in the jurisdiction of which he resides for registration of his name for issuance of a job card (b) for paragraph 2, the following paragraph shall be substituted, namely:—20"2 it shall be the duty of the gram panchayat to register the applicant, after making such enquiry as it deems fit and issue a job card containing such details of the applicant affixing his photograph, as may be specified by the state government in this scheme"; (c) for paragraph 4, the following paragraph shall be substituted, namely:—"4 every adult person whose name appears in the job card shall be entitled to apply for unskilled manual work under the scheme";25(d) for paragraph 5, the following paragraph shall be substituted, namely:—"5 all registered persons shall be entitled to employment in accordance with the scheme made under the provisions of this act, for as many days as each applicant may request, except on public holidays"; (e) for paragraph 8, the following paragraph shall be substituted, namely:—30"8 there shall be no limit on the number of days of employment for which a person may apply, or on the number of days of employment actually provided to him"; (f) for paragraph 15, the following paragraph shall be substituted, namely:—35"15 a period of employment shall ordinarily be at least fourteen days continuously except public holidays"; and (g) for paragraph 20, the following paragraph shall be substituted, namely:—40"20 the gram panchayat shall prepare and maintain or cause to be prepared and maintained such registers, vouchers and other documents in such form and in such manner as may be specified in the scheme containing particulars of job cards and passbooks issued, names, ages and addresses of the applicants registered with the gram panchayat" statement of objects and reasonsthe mahatma gandhi national rural employment guarantee act, 2005 was enacted with a view to provide employment to the people of rural areas however, as per sub-section (1) of section 3 of the act, there is a provision to provide unskilled employment of only one hundred days to the rural households agriculture and the other rural occupations in rural areas in the country have nearly been marginalized due to the severe impact of globalization a large number of farmers are empressing a desire to dissociate themselves from agriculture due to continued losses according to national sample survey organization (nsso), as many as forty per cent farmers have shown interest in quitting agriculture as occupation in this scenario, the employment of one hundred days to a household which is being provided under the act is not sufficient to provide reasonable income for leading a dignified life keeping this in view, it is very much warranted to generate more employment in rural areastherefore, there is a need to provide unskilled manual employment on all working days to every adult person in the rural areas who volunteers to do the workthis bill seeks to amend the mahatma gandhi national rural employment guarantee act, 2005 with a view to provide unskilled manual work on all working days to all adult persons in rural areas who volunteer to do workthe bill seeks to achieve the above objectivenew delhi;hansraj gangaram ahiroctober 22, 2010 financial memorandumclause 3 of the bill seeks to provide unskilled manual work to every adult who volunteers to do such work, on all working days, except public holidays in accordance with the scheme made under the mahatma gandhi national rural employment guarantee act, 2005 clause 7 provides for payment of unemployment allowance to the applicants the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees twenty thousand crore from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be involved annexure extract from the mahatma gandhi national rural employment guarantee act, 2005 (42 of 2005) [10] m c gonzalez-garcia, m c gonzalez-garcia, mdefinitions2 in this act unless the context otherwise requires,—(a)     (b) "applicant" means the head of a household or any of its other adult members who has applied for employment under the scheme; [10] m c gonzalez-garcia, m c gonzalez-garcia, mguarantee of rural employment to households3 (1) save as otherwise provided, the state government shall, in such rural area in the state as may be notified by the central government, provide to every household whose adult members volunteer to do unskilled manual work not less than one hundred days of such work in a financial year in accordance with the scheme made under this act(2) every person who has done the work given to him under the scheme shall be entitled to receive wages at the wage rate for each day of work(3) save as otherwise provided in this act, the disbursement of daily wages shall be made on a weekly basis or in any case not later than a fortnight after the date on which such work was done(4) the central government or the state government may, within the limits of its economic capacity and development, make provisions for securing work to every adult member of a household under a scheme for any period beyond the period guaranteed under sub-section (1), as may be expedientemployment guarantee schemes for rural areas4 (1) for the purposes of giving effect to the provisions of section 3, every state government shall, within six months from the date of commencement of this act, by notification, make a scheme, for providing not less than one hundred days of guaranteed employment in a financial year to every household in the rural areas covered under the scheme and whose adult members, by application, volunteer to do unskilled manual work subject to the conditions laid down by or under this act and in the scheme :provided that until any such scheme is notified by the state government, the annual action plan or perspective plan for the sampoorna grameen rozgar yojana (sgry) or the national food for work programme (nffwp) whichever is in force in the concerned area immediately before such notification shall be deemed to be the action plan for the scheme for the purposes of this act|              |    |    |     |     |     |     |     |    ||--------------|----|----|------|------|------|------|------|-----|| 7           | (  |  1 | )   |     |     |     |     |    || payment      | of |    |      |      |      |      |      |     || unemployment |    |    |      |      |      |      |      |     || allowance   |    |    |      |      |      |      |      |     |(2) subject to such terms and conditions of eligibility as may be prescribed by the state government and subject to the provisions of this act and the schemes and the economic capacity of the state government, the unemployment allowance payable under sub-section (1) shall be paid to the applicant of a household subject to the entitlement of the household at such rate as may be specified by the state government, by notification, in consultation with the state council :provided that no such rate shall be less than one-fourth of the wage rate for the first thirty days during the financial year and not less than one-half of the wage rate for the remaining period of the financial year(3) the liability of the state government to pay unemployment allowance to a household during any financial year shall cease as soon as—(a) the applicant is directed by the gram panchayat or the programme officer to report for work either by himself or depute at least one adult member of his household; or(b) the period for which employment is sought comes to an end and no member of the household of the applicant had turned up for employment; or(c) the adult members of the household of the applicant have received in total at least one hundred days of work within the financial year; or(d) the household of the applicant has earned as much from the wages and unemployment allowance taken together which is equal to the wages for one hundred days of work during the financial year (4) the unemployment allowance payable to the household of an applicant jointly shall be sanctioned and disbursed by the programme officer or such local authority (including the panchayats at the district, intermediate or village level) as the state government may, by notification, authorise in this behalf     9 an applicant who—(a) does not accept the employment provided to his household under a scheme;or disentitlement to receive unemployment allowance in certain circumstances     15     programme officer(5) the functions of the programme officer shall include—(a) monitoring of projects taken up by the gram panchayats and other implementing agencies within the block;(b) sanctioning and ensuring payment of unemployment allowance to the eligible households;       schedule  ii (see section 5) conditions for guaranteed rural employment under a scheme and minimum entitlements of labourers1 the adult members of every household who—(i) reside in any rural areas; and (ii) are willing to do unskilled manual work,may submit their names, age and the address of the household to the gram panchayat at the village level (hereafter in this schedule referred to as the gram panchayat) in the jurisdiction of which they reside for registration of their household for issuance of a job card 2 it shall be the duty of the gram panchayat to register the household, after making such enquiry as it deems fit and issue a job card containing such details of adult members of the household affixing their photographs, as may be specified by the state government in the scheme     4 every adult member of a registered household whose name appears in the job card shall be entitled to apply for unskilled manual work under the scheme5 all registered persons belonging to a household shall be entitled to employment in accordance with the scheme made under the provisions of this act, for as many days as each applicant may request, subject to a maximum of one hundred days per household in a given financial year     8 there shall be no limit on the number of days of employment for which a person may apply, or on the number of days of employment actually provided to him subject to the aggregate entitlement of the household     15 a period of employment shall ordinarily be at least fourteen days continuously with not more than six days in a week     20 the gram panchayat shall prepare and maintain or cause to be prepared and maintained such registers, vouchers and other documents in such form and in such manner as may be specified in the scheme containing particulars of job cards and passbooks issued, name, age and address of the head of the household and the adult members of the household registered with the gram panchayat [10] m c gonzalez-garcia, m c gonzalez-garcia, m———— a billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005————(shri hansraj gangaram ahir, mp)gmgipmrnd—5144ls(s3)—16-11-2010