The Maharashtra Employment Guarantee Act, 1977.

Maharashtra Employment Guarantee Act, 1977 1
GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
MAHARASHTRA ACT N o. XX OF
1978.
The Maharashtra Employment
Guarantee Act, 1977.
(As modified upto the 6th August 2014 )
*
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.
2014
[Price : Rs. 21.00]

THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977.
______________
CONTENTS
PREAMBLE
SECTIONS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
GUARANTEEOF EMPLOYMENTIN RURAL AREAS
3. Guarantee of rural employment to households.
CHAPTER III
EMPLOYMENT GUARANTEE SCHEMESAND UNEMPLOYMENT ALLOWANCE
3A. Employment Guarantee Scheme for rural areas.
3B. Conditions for providing guaranteed rural employment and facilities.
3C. Wage rate.
3D. Payment of unemployment allowance.
3E. Non-disbursement of unemployment allowance in certain circumstances.
3F. Dis-entitlement to receive unemployment allowance in certain circumstances.
CHAPTER IV
IMPLEMENTINGAND MONITORING AGENCIES.
4. State Employment Guarantee Council.
5. District and Panchayat Samiti Level Committees and their functions.
6. Principal authorities for planning and implementation of Schemes.
6-1A. District Programme Co-ordinator and Joint District Programme Co-ordinator.
6-1B. Programme Officer, Joint Programme Officer, Additional Programme Officer
and Special Programme Officer.
6-1C. Responsibilities of the Gram Panchayats.
6-1D. Social audit of work byGram Sabha.
6-1E. Responsibilities of State Government in implementing Scheme.
6-1F. Grievances redressal mechanism.
7. [Deleted]
7A. [Deleted]
8. [Deleted]
9. Penalty for drawing unemployment allowance when employed elsewhere.
10. [Deleted]
H 4021—1
11. [Deleted]
CHAPTER V
ESTABLISHMENTOF EMPLOYMENT GUARANTEE FUND, MGNREGS STATE FUND OF
MAHARASHTRA, TRANSPARANCYAND ACCOUNTABILITYAND AUDIT.
12. Establishment ofEmploymentGuaranteeFund and its untilisation for the Scheme.
12A. Mahatma Gandhi National Rural Employment Gurantee Scheme State Fund of
Maharashtra.
12B. Transparency and accountability.
12C. Audit of accounts
CHAPTER VI
SCHEMEIN URBAN AREAS
12D. Implementation of Scheme in urban areas.
CHAPTER VII
SCHEME ON PRIVATE LANDS
12E. Beneficiaries of private lands entitled to subsidies in certain circumstances.
13. Amendment of certain enactments and rule of construction for references to
Scheme and Fund in Other laws.
CHAPTER VIII
MISCELLANEOUS
13A. Commissioner’s powers to supervise and review implementation of Scheme in
each Division.
14. Delegation of powers.
14A. Penalties.
15. Protection of action taken in good faith.
16. Act to have overriding effect.
16A. Power to amend Schedules II and III.
16B. [Deleted]
17. Power to make rules.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
CONTENTS
PREAMBLE
SECTIONS
Maharashtra Employment Guarantee Act, 1977 1
MAHARASHTRA ACT No. XX OF 1978.1
(THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977)
(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 (24-11-1980) * @
„ „ „ 51 of 1981.
„ „ „ 47 of 1983 (03-03-1983)*
„ „ „ 13 of 1989 (20-09-1984)*
„ „ „ 27 of 1991 (30-12-1991)*
„ „ „ 26 of 1993 (01-03-1992)*
„ „ „ 6 of 1995 (07-10-1993)*+
„ „ „ 51 of 2006 (31-10-2006)*++
„ „ „ 06 of 2008 (22-02-2008)*+++
„ „ „ 26 of 2014 (25-07-2014)*
An Act to make effective provision for securing the right to
work by 2[guaranteeing employment to every household whose
adult members 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
3[guaranteeing employment to every household whose adult volunteer
to do unskilled manual work in rural areas] in the State of Maharashtra;
AND WHEREAS it is necesary 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.
* This indicates the date of commencement of Act.
@ Maharashtra Ordinance No. XV of 1980 was replaced by Mah. 24 of 1980, s. 5.
+ Section 3 of Mah. 6 of 1995 reads as under :—
“ 3. Notwithstanding anything contained in sub-section ( 2) of section 7 of the principal Act,
every contract for gorge filling and waste-weir component of work of percolation and minor
irrigation tanks on behalf of the State Government under the Scheme, on the basis of Schedule
Contracts System executed during the period commencing on the 7th October 1993 and ending
on the date of publication of this Act in the Official Gazette, shall be deemed to be, and shall be
deemed always to have been, validly executed in accordance with law, as if the provisions of
section 7 of the principal Act, as amended by this Act, were in force at all material times when
such contract was executed.”.
++ Maharashtra Ordinance No. 13 of 2006 was repealed by Mah. 51 of 2006, s.12.
+++ Maharashtra Ordinance No. 2 of 2008 was repealed by Mah. 5 of 2008, s.16.
2 These words were substituted for the words “guaranteeing employment to all adult persons who
volunteer to do unskilled mannual work in rural areas” by Mah. 26 of 2014, s. 2.
3 These words were substituted for the words “guaranteeing employment to all adult persons who
volunteer to do unskilled mannual work in rural areas” ibid, s. 3.
Validation of
execution of
contracts on
Schedule
Contracts
System.
H 4021—1 a
Maharashtra Employment Guarantee Act, 19772
1[CHAPTER-I
PRILIMINARY]
1. (1) This Act may be called the Maharashtra Employment
Guarantee Act, 1977.
2[(2) It extends to the whole of the State of Maharashtra.]
(3)It shall come into force in all the areas to which it extends on such3date
as the State Government may, by notification in theOfficial Gazette,appoint.
2. In this Act, unless the context otherwise requires,—
4[(a) “adult” or “adult person” means a person who has attained the
age of eighteen years;
(a-a1) “applicant” means the head of a household or any of its adult
members who has applied for employment under the Scheme;
(a-a2) “Block” means a community development area within a
district comprising of a group of Gram Panchayats;]
5[(a-1) “Central Act” means the Mahatma Gandhi National Rural
Employment Guarantee Act, 2005;]
6[(a-2 ) “ Central Council ” means the Central Employment
Guarantee Council constituted under sub-section (1) of section 10 of
the Central Act ;]]
(b) “ the Committee ” means the District Level Committee, or, as
the case may be, the Panchayat Samiti Level Committee, constituted
under section 5 ;
7[(b-1) “District Programme Co-ordinator” means an officer of the
State Government designated as such under sub-section (1) of section
6-1A, for implementation of the Scheme in a district;
(b-2) “ Gram Panchayat” means a panchayat constituted under the
Maharashtra Village Panchayats Act;
(b-3) “household” means the members of a family related to each
other by blood, marriage or adoption and normally residing together
and sharing meals or holding a common ration card;”;]
8[ * * * * * * * *]
9[(d) “ implementing agency” includes any Department of the State
Government, a Zilla Parishad, Panchayat Samiti, Gram Panchayat or
any local authority or Government undertaking authorized by the State
Government to undertake the implementation of any work under the
Scheme;]
1 This heading was inserted by Mah. 26 of 2014, s. 4.
2 This sub-section was substituted, ibid, s. 5.
3 26th January 1979, vide G. N., P. D., No. EGS. 1077/87/EMP-5, dated 25th January 1979.
4 These clauses were substituted for clause (a) by Mah. 26 of 2014, s.6 (1).
5 Clause (a-1) was substituted, ibid, s.6 (2).
6 Clause (a-2) was inserted, by Mah. 51 of 2006, s.2 (a).
7 These clauses were inserted by Mah. 26 of 2014, s.6 ( 3).
8 Clause (c) was deleted by Mah. 27 of 2006, s.2.
9 Clause (d) was substituted by Mah. 26 of 2014, s.6 (4).
Definitions.
42 of
2005.
Short title,
extent and
commence-
ment.
III of
1959.
Maharashtra Employment Guarantee Act, 1977 3
(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;
1[(e-a1) “Joint District Programme Co-ordinator” means an officer
of the State Government designated as such under sub-section (4) of
section 6-1A, for implementation of the Scheme in a district;
(e-a2) “Joint Programme Officer” means an officer appointed under
sub-section (1) of section 6-1B, for implementing the Scheme;]
2[(e-1) “minimum wage ” means the minimum wage fixed for
agricultural labourers for the relevant Zone by the State Government
under section 3 of the Minimum Wages Act, 1948 ;]
3[(e-2) “MGNREGS State Fund of Maharashtra” means the Mahatma
Gandhi National Rural Employment Guarantee Scheme State Fund
of Maharashtra constituted under section 12-A;]
4[(f) “Panchayat Samiti area” means the local area of a Block
constituted under section 5 of the Maharashtra Zilla Parishads and
Panchayat Samitis Act, 1961;]
(g) 5[ * * * * * * * *]
6[(g-1) “preferred work” means any work which is taken up for
implementation on a priority basis under a Scheme;]
(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;
7[(i-a) “Programme Officer” means an officer appointed under sub-
section (1) of section 6-1B, for implementing the Scheme;
(i-b) “project” means any work taken up under a Scheme for the
purpose of providing employment to applicants;]
8[(j) “rural area” means any area in the State except the urban area
within the meaning of clause (m-1) of this section and those covered
by any urban local body or a cantonment board established or
constituted under any law for the time being in force;]
9[(k) “Scheme” means the Employment Guarantee Scheme prepared
and published under section 3-A;]
10[(l) “ State Council ” means the Maharashtra State Employment
Guarantee Council constituted under section 4 ;
II of
1948.
1 These clauses were inserted by Mah. 26 of 2014, s.6 (5).
2 Clauses (e-1) was inserted by Mah. 51 of 2006, s.2 (b).
3 Clauses (e-2) was inserted by Mah. 26 of 2014, s.6 (6).
4 Clause (f) was substituted, ibid, s.6 (7).
5 Clause (g) was deleted, ibid, s.6 (8).
6 Clause (g-1) was inserted, ibid, s.6 (9).
7 These clauses were inserted, ibid, s.6 (10).
8 Clause (j) was substituted, ibid, s.6 (11).
9 Clause (k) was substituted ibid, s. 6(12).
10 Clause (l), (m) and (n) were added by Mah. 51 of 2006, s. 2 (c).
Mah.
V of
1962.
Maharashtra Employment Guarantee Act, 19774
(m) “ unskilled manual work” means any physical work which any
adult person is capable of doing without any skill or special training ;]
1[(m-1) “urban area” means the local area of a “C” Class Municipal
Council or a Nagar Panchayat constituted under the Maharashtra
Municipal Councils,Nagar Panchayats and Industrial Townships Act,
1965; ]
2[(n) “wage rate” means the wage rate referred to in section 3-C;]
(o) “Zilla Parishad” means the Zilla Parishad established under
section 6 of the Maharashtra Zilla Parishads and Panchayat Samitis
Act, 1961
3[CHAPTER II
GUARANTEEOF EMPLOYMENTIN RURAL AREAS.]
4[3. (1) Adult members of every rural household who volunteer to
do unskilled manual work in the rural areas shall have a right to work.
The State Government shall, in the rural area, provide work to every
household whose adult members volunteer to do unskilled manual
work, as guaranteed under sub-section (1) of section 3 of the Central
Act, in accordance with the Scheme made under this Act.
(2) The State Government shall make provisions for securing work
to every adult member of a household under the Scheme beyond the
period specified in sub-section (1) of section 3 of the Central Act.
(3) 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.
(4) 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.]
5[CHAPTER III
EMPLOYMENT GUARANTEE SCHEMESAND UNEMPLOYMENT ALLOWANCE
3-A. (1) For the purposes of giving effect to the provisions of section 3,
the State Government shall, by notification in theOfficial Gazette, make
a Scheme, for providing guaranteed employment in a financial year to
every household in the rural areas covered under the Scheme as provided
under section 3 and whose adult members, by application, volunteer to
do unskilled manual work subject to the conditions laid down by or under
this Act or in the Scheme.
(2) The State Government shall publish a summary of the Scheme
made by it in at least two local newspapers, one of which shall be in a
vernacular language circulating in the area or areas to which such Scheme
shall apply, until then the Scheme in operation will continue.
1 Clause (m-1) was inserted by Mah. 26 of 2014, s.6 (13).
2 These clauses were substituted for clause (n) ibid, s.6 (14).
3 This heading was inserted, ibid, s. 7.
4 Section 3 was substituted, ibid, s.8.
5 This heading and sections 3-A to 3-F were inserted, ibid, s.9.
Guarantee of
rural
employement
to households.
Employment
Guarantee
Scheme for
rural areas.
Mah.
XL of
1965.
Mah.
V of
1962.
Maharashtra Employment Guarantee Act, 1977 5
(3) The Scheme made under sub-section ( 1) shall provide for the
minimum features specified in Schedule II.
(4) Every Scheme made under this Act shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
3-B. (1) The State Government may, without prejudice to the
conditions specified in Schedule III, specify in the Scheme the conditions
for providing guaranteed rural employment under this Act.
(2) The persons employed under any Scheme made under this Act shall
be entitled to such facilities not less than the minimum facilities specified
in Schedule III.
3-C. (1) The wage rate specified by the Central Government under section
6 of the Central Act shall be the wage rate for the purposes of this Act.
(2) Until such time as a wage rate is fixed under sub-section (1), the
minimum wage fixed by the State Government under section 3 of the
Minimum Wages Act, 1948, in its application to the State of Maharashtra,
for agricultural labourers, shall be considered as the wage rate applicable
to that area.
3-D. (1) If an applicant is not provided employment within fifteen days
of receipt of his application seeking employment or, from the date on
which the employment has been sought in the case of an advance
application, whichever is later, he shall be entitled to a daily
unemployment allowance in accordance with this section.
(2) Subject to such terms and conditions of eligibility as may be
prescribed 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 of
a household, subject to the entitlement of the household at such rate as
may be specified by the State Government, by notification in theOfficial
Gazette, 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.
(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 Zilla Parishad, Panchayat
Samiti or Gram Panchayat) as the State Government may, by notification
in the Official Gazette, authorize in this behalf.
Conditions
for providing
guaranteed
rural
employment
and facilities.
Payment of
unemployment
allowance.
Wages rate.
11 of
1948.
Maharashtra Employment Guarantee Act, 19776
(5) Every payment of unemployment allowance under sub-section (1)
shall be made or offered not later than fifteen days from the date on which
it became due for payment.
(6) The procedure for payment of unemployment allowance shall be
such as may be prescribed.
3-E. (1) If the Programme Officer is not in a position to disburse the
unemployment allowance in time or at all for any reason beyond his
control, he shall report the matter to the District Programme
Co-ordinator and announce such reasons in a notice to be displayed on
his notice board and the notice board of the Gram Panchayat and such
other conspicuous places as he may deem necessary.
(2) Every case of non-payment or delayed payment of unemployment
allowance shall be reported in the annual report submitted by the District
Programme Co-ordinator to the State Government alongwith the reasons
for such non-payment or delayed payment.
(3) The State Government shall on a report by the District Programme
Co-ordinator, take all measures to make the payment of unemployment
allowance reported under sub-section (1) to the concerned household as
expeditiously as possible.
3-F. An applicant who,—
(a) does not accept the employment provided to his household under
a Scheme; or
(b) does not report for work within seven days of being notified by
the Programme Officer or the implementing agency to report for the
work; or
(c) continuously remains absent from work, without obtaining a
permission from the concerned implementing agency for a period of
more than one week or remains absent for a total period of more than
one week in any month,
shall not be eligible to claim the unemployment allowance payable
under this Act for a period of three months but shall be eligible to seek
employment under the Scheme at any time.]
1[CHAPTER IV
IMPLEMENTINGAND MONITORING AGENCIES ]
2 [4. (1) For the purposes of regular monitoring and reviewing the
implementation of this Act, the State Government shall constitute a State
Council to be known as “ the Maharashtra State Employment Guarantee
Council” with a Chairperson and such number of official members as may
1 This heading was inserted by Mah. 26 of 2014, s. 10.
2 Section 4 was inserted by Mah. 51 of 2006, s.2 (c).
Non-
disbursement
of unemploy-
ment
allowance in
certain
circum-
statnces.
Dis-
entitlement
to receive
unemploy-
ment
allowance in
certain
circum-
stances.
State
Employment
Guarantee
Council.
Maharashtra Employment Guarantee Act, 1977 7
be determined by it and not more than fifteen non-official members
nominated by the State Government from Panchayat Raj institutions,
organisations of workers and disadvantaged groups :
Provided that, not less than one-third of the non-official members
nominated under this sub-section shall be women :
Provided further that, not less than one-third of the non-official
members shall be belonging to the Scheduled Castes, the Scheduled
Tribes, the Other Backward Classes and Minorities.
(2) The terms and conditions subject to which the Chairperson and
members of the State Council may be appointed and the time, place and
procedure of the meetings (including the quorum at such meetings) of
the State Council shall be such as may be prescribed.
(3) The duties and functions of the State Council shall include,—
(i) advising the State Government on all matters concerning the
Scheme and its implementation ; determining and preparing the list
of the preferred works ;
(ii) reviewing the monitering and redressal mechanisms, from time
to time, and recommending improvements ; promoting the widest
possible dissemination of information about the Act and the Schemes
made thereunder ;
(iii) monitoring the implementation of this Act and the Schemes ;
(iv) preparing the annual report to be laid before the State
Legislature by the State Government ;
(v) any other duty or functions as may be assigned to it by the State
Government.
(4) The State Council shall have the power to undertake an evaluation
of the Schemes and for that purpose to collect or cause to be collected
statistics pertaining to the rural economy and the implementation of the
Schemes.]
1[(5) The State Council may constitute committees for discharging its
functions, in such manner as may be prescribed.]
5. (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.
2[On every District Level Committee and Panchayat Samiti Level
Committee atleast two members shall be appointed from the persons
belonging to the Scheduled Castes, Scheduled Tribes and Minorities
and two members shall be fromthe persons who have been employed on
the works of the Scheme:
1 This sub-section was inserted by Mah. 26 of 2014, s. 11.
2 This portion was substituted for the portion beginning with the words “On every District Level
Committee” and  ending with the words “appointed from the non-official members thereof.” by
Mah. 26 of 2014, s.12 (a).
District and
Panchayat
Samiti Level
Committees
and their
functions.
H 4021—2
Maharashtra Employment Guarantee Act, 19778
Provided that, atleast one member of such Committees shall be a
woman.]
(2) These Commmittees, shall, within their respective jurisdictions,
1[* *] review the implementation of the Scheme, from time to time, and
shall suggest 2[to the District Administration] 3[* *] such steps as in
their opinion are necessary for a more effective implementation of this
Act. 4[* *]
(3) Every District Level Committee shall co-ordinate the working of
the Panchayat Samiti Committees in the District.
5[6. (1) The Zilla Parishad at theDistrict level, the Panchayat Samiti
at the Block level and the Gram Panchayat at the Village level shall be
the principal authorities for planning and implementation of the Schemes
made under this Act.
(2) The functions of the Zilla Parishad shall be,—
(a) to finalise and approve blockwise shelf of projects to be taken up
under a programmes under the Scheme;
(b) to supervise and monitor the projects taken up at the Block level
and District level; and
(c) to carry out such other functions as may be assigned to it by the
State Council, from time to time.
(3) The functions of the Panchayat Samiti shall be,–
(a) to approve the Block level plan for forwarding it to the Zilla
Parishad for final approval;
(b) to supervise and monitor the projects taken up at the Gram
Panchayat and Block level; and
(c) to carry out such other functions as may be assigned to it by the
State Council, from time to time.
(4) The District Programme Co-ordinator and the Joint District
Programme Co-ordinator shall assist the Zilla Parishad in discharging
its functions under this Act and any Scheme made thereunder.
6-1A. (1) The Collector of the district or any other district level officer
of appropriate rank as the State Government may decide, shall be
designated as the District Programme Co-ordinator for the implementation
of the Scheme in the district.
(2) The District Programme Co-ordinator shall be responsible for the
implementation of the Scheme in the district in accordance with the
provisions of this Act and the rules made thereunder.
1 The words “supervise and” were deleted by Mah. 26 of 2014, s.12 ( b) (i).
2 These words were substituted for the words “to the State Governement”, ibid, s.12(b) (ii).
3 The words  “and the Council” were deleted by Mah. 27 of 1991, s. 4.
4 The portion beginning with the words “The Collector and the Samiti Officers” and ending with
the words “made by the Committees.” were deleted by Mah. 26 of 2014, s. 12 ( b) (iii).
5 These sections were substituted for section 6, ibid, s. 13.
Principal
authorities for
planning and
implementation
of Schemes.
District
Programme
Co-ordinator
and Joint
District
Programme
Co-ordinator.
Maharashtra Employment Guarantee Act, 1977 9
(3) The functions of the District Programme Co-ordinator shall be,–
(a) to assist the Zilla Parishad in discharging its functions under
this Act and any Scheme made thereunder ;
(b) to consolidate the plans prepared by the Blocks and project
proposals received from other implementing agencies for inclusion in
the shelf of project to be approved by the Zilla Parishad ;
(c) to accord necessary sanction and administrative approval,
wherever necessary ;
(d) to co-ordinate with the Programme Officers functioning within
his jurisdiction and the implementing agencies to ensure that the
applicants are provided employment as per their entitlements under
this Act ;
(e) to review, monitor and supervise the performance of the
Programme Officers ;
(f) to conduct periodic inspection of the works in progress ;  and
(g) to redress the grievances of the applicants.
(4) The Chief Executive Officer of Zilla Parishad or any other district
level officer of appropriate rank as the State Government may decide,
shall be designated as the Joint District Programme Co-ordinator. The
Joint District Programme Co-ordinator shall assist the District
Programme Co-ordinator, in implementation of theScheme and carrying
out his functions under this Act and the Scheme made thereunder in
respect of Zilla Parishad, Panchayat Samiti and Gram Panchayat
concerned.
(5) The State Government shall delegate such administrative and
financial powers to the District Programme Co-ordinator and Joint
District Programme Co-ordinator as may be required to enable them to
carry out their functions under this Act.
(6) The Programme Officer and all other officers of the State
Government having for their jurisdiction an area not bigger than the
district and local authorities and bodies functioning within the district
shall be responsible to assist the District Programme Co-ordinator in
carrying out his functions under this Act and the Schemes made
thereunder.
(7) The District Programme Co-ordinator shall prepare in the month
of December every year a labour budget for the next financial year
containing the details of anticipated demand for unskilled manual work
in the district and the plan for engagement of labourers in the works
covered under the Scheme and submit it to the Zilla Parishad.
6-1B. (1) The Tahsildar or any other officer of the appropriate rank,
as the State Government may decide, shall be designated as the
Programme Officer for the implementation of the Scheme in the Taluka.
The Block Development Officer of the Panchayat Samiti or any other
taluka level officer of appropriate rank as the State Government may
decide, shall be designated as the Joint Programme Officer :
Programme
Officer, Joint
Programme
Officer,
Additional
Programme
Officer and
Special
Programme
Officer.
H 4021—2 a
Maharashtra Employment Guarantee Act, 197710
Provided that, the State Government may also designate any officer
of the appropriate rank for any rural area within the Panchayat Samiti
area, as the Additional or Special Programme Officer.
(2) The Programme Officer and Joint ProgrammeOfficer shall, in such
manner as the State Government or District Programme Co-ordinator
may, by order direct, assist the Panchayat Samiti in discharging its
functions under this Act and any Scheme made thereunder.
(3) The Programme Officer shall be responsible for matching the
demand for employment with the employment opportunities arising from
projects in the area under his jurisdiction.
(4) The Programme Officer shall prepare a plan for the Block under
his jurisdiction by consolidating the project proposals prepared by the
Gram Panchayats and the proposals received from Panchayat Samiti.
 (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 ;
(c) ensuring prompt and fair payment of wages to all labourers
employed under a programme of the Scheme within the Block ;
(d) ensuring that regular social audits of all works within the
jurisdiction of the Gram Panchayat are carried out by theGram Sabha
and that prompt action is taken on the objections raised in the social
audit ;
(e) dealing promptly with all complaints that may arise in connection
with the implementation of the Scheme within the Block ; and
(f) any other work as may be assigned to him by the District
Programme Co-ordinator and Joint District Programme Co-ordinator
or the State Government.
(6) The Programme Officer, Joint Programme Officer, Additional
Programme Officer and Special Programme Officer shall function under
the direction, control and  superintendence of the District Programme
Co-ordinator.
(7) The State Government may, by order, direct that all or any of the
functions of the Programme Officer shall be discharged by a Joint
Programme Officer, Additional Programme Officer or Special Programme
Officer.
(8) Without prejudice to the provisions of sub-section ( 7), the State
Government may, by order, direct that all or any of the functions of a
Programme Officer, Joint Programme Officer, Additional Programme
Officer and Special Programme Officer shall be discharged by the Gram
Maharashtra Employment Guarantee Act, 1977 11
Panchayat or a local authority.
(9) The Joint Programme Officer shall assist the Programme Officer,
Joint District Programme Co-ordinator and District Programme Co-
ordinator in implementation of the Scheme for carrying out his functions
under this Act and the Scheme made thereunder in respect of Panchayat
Samiti and Gram Panchayat concerned.
6-1C. (1) The Gram Panchayat shall be responsible for identification
of the projects in its area to be taken up under a Scheme as per the
recommendations of theGram Sabha for the executing and supervising
such works.
(2) A Gram Panchayat may take up any project under a Scheme within
the area of the Gram Panchayat as may be sanctioned by the Programme
Officer.
(3) Every Gram Panchayat shall, after considering the recommendations
of Gram Sabha, prepare a development plan and maintain a shelf of possible
works to be taken up under the Scheme as and when demand for work
arises.
(4) The Gram Panchayat shall forward its proposals for the
development projects including the order of priority between different
works to the Programme Officer for scrutiny and preliminary approval
prior to the commencement of the year in which it is proposed to be
executed.
(5) The Programme Officer shall allot not less than fifty per cent. of
the works in terms of its cost under a Scheme to be implemented through
the Gram Panchayat.
(6) The Programme Officer shall supply each Gram Panchayat with,—
(a) the muster rolls for the works sanctioned to be executed by it;
and
(b) a list of employment opportunities available elsewhere to the
residents of the Gram Panchayat.
(7) The Gram Panchayat shall allocate employment opportunities
among the applicants and ask them to report for work.
(8) The works taken up by a Gram Panchayat under a Scheme shall
meet the required technical standards and measurements.
6-1D. (1) TheGram Sabha shall monitor the execution of works within
the area of the Gram Panchayat.
(2) The Gram Sabha  shall conduct regular social audits of all the
projects under the Scheme taken up within the area of the Gram
Panchayat.
(3) The Gram Panchayat shall make available all relevant documents
including the muster rolls, bills, vouchers, measurement books, copies
Responsibilities
of the Gram
Panchayats.
Social audit of
work by Gram
Sabha.
Maharashtra Employment Guarantee Act, 197712
of sanction orders and other connected books of accounts and papers to
the Gram Sabha for the purpose of conducting the social audit.
6-1E. The State Government shall make available to the District
Programme Co-ordinator, Joint District Programme Co-ordinator, the
Programme Officer, Joint Programme Officer, Additional Programme
Officer and Special Programme Officer, the necessary staff and technical
support as may be necessary for the effective implementation of the
Scheme.
6-1F. The State Government shall, by rules, determine appropriate
grievance redressal mechanisms at the Block level and the District level
for dealing with any complaint by any person in respect of implementation
of the Scheme and lay down the procedure for disposal of such complaints.]
7. 1[* * * * * *]
9. Any person—
(a) who has an employment but sends a letter asking for employment
2[under sub-section (2) of section3] and draws unemployment allowance
under 3[sub-section (1) section 3-D] ; or
(b) who is in receipt of unemployment allowance under 4[sub-
section (1) of section 3-D] and accepts employment elsewhere but does
not bring this fact to the notice of the 5[Programme 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.
6[ * * * * * *]
7[CHAPTER V
ESTABLISHMENT OF EMPLOYMENT GUARANTEE FUND,
MGNREGS STATE FUND OF MAHARASHTRA, TRANSPARANCY AND
ACCOUNTABILITY AND AUDIT]
12. (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,
1 Sections 7, 7A and 8 were deleted by Mah. 26 of 2014, s.15.
2 These words, brackets and figures were substituted for the words, brackets and figures “under
sub-section (3) of section 8”, by Mah. 26 of 2014, s. 16 ( i) (a).
3 These words, brackets and letters were substituted for the words, brackets and figures “under
sub-section (4) of that section”, ibid, s. 16 (i) (b).
4 These words, brackets, figures and letters were substituted for the words, brackets and figures
“sub-section (4) of that section”, ibid, s. 16 (ii) (a).
5 These words were substituted for the words “Samiti Officer” ibid, s. 16 (ii) (b).
6 Sections 10 and 11 were deleted, ibid, s.17.
7 This heading was inserted, ibid, s. 18.
Responsibilities
of State
Government in
implementing
Scheme.
Grievances
redressal
mechanisim.
Penalty for
drawing
unemployment
allowance
when
employed
elsewhere.
Establishment
of Employment
Guarantee
Fund and its
utilisation for
the Scheme. Mah.
XVI of
1975.
Mah.X
VII of
1975.
Maharashtra Employment Guarantee Act, 1977 13
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:—
1[(a) the amounts transferred to the Fund under section 30 of the
Maharashtra State Tax on Professions, Trades, Callings and
Employments Act, 1975 ; ] ;
(b) any contributions or grants made by the State Government, the
2[* *] or any local authority ;
3[ * * * * * * * *]
(c) any sums received from other bodies or individuals, whether
incorporated or not.
4[(3A) The State Government shall allocate requisite funds for
effective implementation of the Scheme.]
(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 Scheme5[includingfor meeting the administrative
charges and for makingex-gratiapayments as provided under this Act.]
(6) Temporary diversons 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’s 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.
6[12-A. (1) The State Government shall separately constitute a fund
called as MGNREGS State Fund of Maharashtra, as required under
section 21 of the Central Act. Such Fund shall not be the part of the
Employment Guarantee Fund constituted under section 12.
 (2) Any sum received under section 28 of the Central Act and the
contribution of the State Government as required under section 22 of
1 Clause (a) was inserted by Mah. 5 of 2008, s. 14(a).
2 The words “, the Central Government” were deleted, ibid, s. 19(i).
3 Clause (b-1) was deleted, ibid, s. 19(ii).
4 Sub-section (3A) was inserted by Mah. 5 of 2008, s. 14 (b).
5 These words were added by Mah. 47 of 1983, s.3.
6 Section 12-A to 12-C and Chapter VI and section 12-D and Chapter VII and section 12-E, were
inserted by Mah. 26 of 2014, s.20.
Mahatma
Gandhi
National
Rural
Employment
Guarantee
Scheme State
Fund of
Maharashtra.
Mah
XVII
of
1975.
Maharashtra Employment Guarantee Act, 197714
the Central Act shall be credited to the MGNREGS State Fund of
Maharashtra.
(3) The amount standing to the credit of the MGNREGS State Fund of
Maharashtra shall be expended in rural areas in such manner and subject
to such conditions and limitations as may be prescribed by the State
Government for the purpose of implementation of this Act.
(4) The MGNREGS State Fund of Maharashtra shall be held and
administered on behalf of the State Government in such manner and by
such authority as may be prescribed.
(5) On completion of a work taken up under the Scheme under the
Central Act, if it is necessary to take up additional skilled work of that
completed work, for upgradation in technical quality of said work or as
value addition, the State Government may provide supplementary funds
as necessary or provide for convergence.
12-B. (1) The District Programme Co-ordinator, the Joint District
Programme Co-ordinator and all implementing agencies in the District
shall be responsible for the proper utilization and management of the
funds placed at their disposal for the purpose of implementing a Scheme.
(2) The State Government may prescribe the manner of maintaining
proper books and accounts of employment of labourers and the
expenditure incurred in connection with the implementation of the
provisions of this Act and the Schemes made thereunder.
(3) The State Government may, by rules, determine the arrangements
to be made for the proper execution of Schemes and programmes under
the Schemes and to ensure transparency and accountability at all levels
in the implementation of the Schemes.
(4) If any dispute or complaint arises concerning the implementation of
a Scheme by the Gram Panchayat, the matter shall be referred to the
Programme Officer or, the Joint Programme Officer, as the case may be.
(5) The Programme Officer shall enter every complaint in a complaint
register maintained by him and shall dispose of the disputes and
complaints within seven days of its receipt and in case it relates to a matter
to be resolved by any other authority it shall be forwarded to such
authority under intimation to the complainant.
12-C .(1) The State Government may, in consultation with the
Comptroller and Auditor General of India, prescribe appropriate
arrangements for audits of accounts of the Scheme at all levels.
(2) The accounts of the Scheme shall be maintained in such form and
in such manner as may be prescribed.
Transparency
and
accountability.
Audit of
accounts.
Maharashtra Employment Guarantee Act, 1977 15
CHAPTER VI
SCHEMEIN URBAN AREAS
12-D. The State Government may, by notification in the
Official Gazette , implement the Scheme in urban areas and for that
purpose make such modifications in the Scheme prepared under section
3-A, as may be deemed necessary.
CHAPTER VII
SCHEME ON PRIVATE LANDS
12-E. (1) When as a result of the works being taken up under the
Scheme on a private land, the holder thereof is benefitted directly, then,
notwithstanding the fact that under the provisions of any other law, or
any executive orders, for the time being in force such holder shall be
entitled to a subsidy in respect of such works at such rates
as may be prescribed by the State Government.
(2) The subsidy under sub-section (1) shall be paid from and out of the
State Employment Guarantee Fund established under section 12.]
13. (1) The enactments specified in the second column of1[Schedule I]
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.
2[CHAPTER VIII
MISCELLANEOUS]
3[13-A. (1) The Commissioner of the Division, or any officer or
officers not below the rank of 3[Deputy 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 4[to the District Programe Co-
ordinator, Joint District Programme Co-ordinator, Programme Officer,
Joint Programme Officer, Additional Programme Officer, Special
Programme Officer and all other officers (including divisional level
officers) of the implementing agencies, local authorities and other
bodies in the Division] regarding implementation of the Scheme, and
it shall be incumbent on all of them to carry out such directions.
Implementation
of Scheme in
urban areas.
Beneficiaries
of private
lands
entitled to
subsidies in
certain
circumstances.
1 This word and figure were substituted for the words “ the Schedule” by Mah. 51 of 2006, s.7.
2 This heading was inserted, by Mah. 26 of 2014, s.21.
3 Section 6A was inserted by Mah. 24 of 1980, s.2 and was renumbered as section 13 A, and in sub-
section (1) as so renumbered these words were substituted for the words “Assistant Commissioner”
ibid, s.14 (i) (a).
4 These words and brackets were substituted for the words “the collectors, other officers (Including
divisional level officers), local authorities and other bodies”, ibid, s.14 (i) (b).
Amnendment
of certain
enactments
and rule of
construction
for reference
to Scheme
and Fund in
other laws.
Commissioner’s
power to
supervise
and review,
implementation
of Scheme in
each
Division.
H 4021—3
Maharashtra Employment Guarantee Act, 197716
(2) For the purpose of implementation of the Scheme, 1[the District
Programme Co-ordinator, Joint District Programme Co-ordinator,
Programme Officer, Joint Programe Officer, Additional Programme
Officer, Special Programme Officer and all other officers (including
divisional level officer) of the implementing agencies, 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.
2[(3) The State Government may confer the powers of Divisional
Commissioner to supervise and review the implementation of the
Scheme for any area to any other appropriate level officer.]
14. 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, 3* * * 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.
4[14A. Whoever contravenes the provisions of this Act, other than
section 9, shall, on conviction, be punished with a fine which may
extend to one thousand rupees 5[and shall also be liable for disiplinary
action in accordance w

Excerpt shown. Open the full act in Lexace.

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