LexThe Maharashtra Employment Guarantee Act, 1977.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1978 : Mah. XX] 1
THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977
[Text as on 17th April 2026]
—————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
GUARANTEE OF EMPLOYMENT IN RURAL AREAS
3. Guarantee of rural employment to households.
CHAPTER III
EMPLOYMENT GUARANTEE SCHEMES AND UNEMPLOYMENT ALLOWANCE
3-A. Employment Guarantee Scheme for rural areas.
3-B. Conditions for providing guaranteed rural employment and facilities.
3-C. Wage rate.
3-D. Payment of unemployment allowance.
3-E. Non-disbursement of unemployment allowance in certain circumstances.
3-F. Dis-entitlement to receive unemployment allowance in certain circumstances.
CHAPTER IV
IMPLEMENTING AND 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 by Gram Sabha.
6-1E. Responsibilities of State Government in implementing Scheme.
6-1F. Grievances redressal mechanism.
7. [Deleted].
7-A. [Deleted].
8. [Deleted].
9. Penalty for drawing unemployment allowance when employed elsewhere.
2 The Maharashtra Employment Guarantee Act, 1977 [1978 : Mah. XX
10. [Deleted].
11. [Deleted].
CHAPTER V
ESTABLISHMENT OF EMPLOYMENT GUARANTEE FUND, MGNREGS STATE FUND OF
MAHARASHTRA, TRANSPARENCY AND ACCOUNTABILITY AND AUDIT
12. Establishment of Employment Guarantee Fund and its utilisation for the Scheme.
12-A. Mahatma Gandhi National Rural Employment Guarantee Scheme State Fund of Maharashtra.
12-B. Transparency and accountability.
12-C. Audit of accounts.
CHAPTER VI
SCHEME IN URBAN AREAS
12-D. Implementation of Scheme in urban areas.
CHAPTER VII
SCHEME ON PRIVATE LANDS
12-E. 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
13-A. Commissioner’s powers to supervise and review, implementation of Scheme in each Division.
14. Delegation of powers.
14-A. Penalties.
15. Protection of action taken in good faith.
16. Act to have overriding effect.
16-A. Power to amend Schedules II and III.
16-B. [Deleted].
17. Power to make rules.
SCHEDULE I
SCHEDULE II
SCHEDULE III
1978 : Mah. XX] The Maharashtra Employment Guarantee Act, 1977 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 24 of 1980 (24-11-1980)1
2. Amended by Mah. 51 of 1981
3. Amended by Mah. 47 of 1983 (03-03-1983)
4. Amended by Mah. 13 of 1989 (20-09-1984)
5. Amended by Mah. 27 of 1991 (30-12-1991)
6. Amended by Mah. 26 of 1993 (01-03-1992)
7. Amended by Mah. 06 of 19952 (07-10-1993)
8. Amended by Mah. 51 of 20063 (31-10-2006)
9. Amended by Mah. 05 of 20084 (22-02-2008)
10. Amended by Mah. 26 of 2014 (25-07-2014)
1 Maharashtra Ordinance No. XV of 1980 was replaced by Mah. 24 of 1980, s. 5.
2 Section 3 of Mah. 6 of 1995 reads as under :—
“3. Validation of execution of contracts on Schedule Contracts System.— 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.”.
3 Maharashtra Ordinance No. XIII of 2006 was repealed by Mah. 51 of 2006, s. 12.
4 Maharashtra Ordinance No. II of 2008 was repealed by Mah. 5 of 2008, s. 16.
Note.- The date mentioned in the brackets indicates the date of commencement of the Act.
4 The Maharashtra Employment Guarantee Act, 1977 [1978 : Mah. XX
1978 : Mah. XX] The Maharashtra Employment Guarantee Act, 1977 5
MAHARASHTRA ACT No. XX OF 19781
[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.]
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 necessary to engage such adult pe rsons 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 :—
4[CHAPTER-I
PRELIMINARY]
1. Short title, ext ent and commencement. — (1) This Act may be called the Maharashtra
Employment Guarantee Act, 1977.
5[(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 such 6date as the State Government
may, by notification in the Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
7[(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;]
8[(a-1) “Central Act” me ans the Mahatma Gandhi National Rural Employment Guarantee
Act, 2005 (42 of 2005);]
9[(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;
1 For Statement of Objects and Reasons, See Maharashtra Government Gazette, 1977, Part V, Extra, p. 179.
2 These words were substituted for the words “guaranteeing employment to all adult persons who volunteer to do unskilled
manual 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
manual work in rural areas” by Mah. 26 of 2014, s. 3.
4 This heading was inserted by Mah. 26 of 2014, s. 4.
5 This sub-section was substituted by Mah. 26 of 2014, s. 5.
6 26th January 1979, vide G. N., P. D., No. EGS. 1077/87/EMP-5, dated 25th January 1979.
7 These clauses were substituted for clause (a) by Mah. 26 of 2014, s. 6(1).
8 Clause (a-1) was substituted by Mah. 26 of 2014, s. 6(2).
9 Clause (a-2) was inserted by Mah. 51 of 2006, s. 2(a).
6 The Maharashtra Employment Guarantee Act, 1977 [1978 : Mah. XX
1[(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 (III of 1956);
(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;]
2[* * *]
3[(d) “ implementing agency” includes any Department of the State Government, a Zilla
Parishad, Panchayat Sa miti, Gram Panchayat or any local authority or Government undertaking
authorized by the State Government to undertake the implementation of any work 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 ;
4[(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;]
5[(e-1) “minimum wage” means the minimum wage fixed for ag ricultural labourers for the
relevant Zone by the State Government under section 3 of the Minimum Wages Act, 1948 (II of
1948);]
6[(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;]
7[(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 (Mah. V of 1962);]
(g) 8[* * *]
9[(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;
10[(i-a) “Programme Officer” means an officer appointed under sub -section ( 1) of section
6-1B, for implementing the Scheme;
1 These clauses were inserted by Mah. 26 of 2014, s. 6(3).
2 Clause (c) was deleted by Mah. 27 of 1991, s. 2.
3 Clause (d) was substituted by Mah. 26 of 2014, s. 6(4).
4 These clauses were inserted by Mah. 26 of 2014, s. 6(5).
5 Clauses (e-1) was inserted by Mah. 51 of 2006, s. 2(b).
6 Clause-s (e-2) was inserted by Mah. 26 of 2014, s. 6(6).
7 Clause (f) was substituted by Mah. 26 of 2014, s. 6(7).
8 Clause (g) was deleted by Mah. 26 of 2014, s. 6(8).
9 Clause (g-1) was inserted by Mah. 26 of 2014, s. 6(9).
10 These clauses were inserted by Mah. 26 of 2014, s. 6(10).
1978 : Mah. XX] The Maharashtra Employment Guarantee Act, 1977 7
(i-b) “project” means any work taken up under a Scheme for the purpose of providing
employment to applicants;]
1[(j) “rural area” means any area in the State except the urban area within the meaning of
clause (m-1) of t his 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;]
2[(k) “Scheme” means the Employment Guarantee Scheme prepared and published under
section 3-A;]
3[(l) “Stat e Council ” means the Maharashtra State Employment Guarantee Council
constituted under section 4 ;
(m) “unskilled manual work” means any physical work which any adult person is capable of
doing without any skill or special training ;]
4[(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 (Mah. XL of 1965); ]
5[(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 (Mah. V of 1962).]
6[CHAPTER II
GUARANTEE OF EMPLOYMENT IN RURAL AREAS]
7[3. Guarantee of rural employment to households. — (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 ad ult 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 memb er 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.]
8[CHAPTER III
EMPLOYMENT GUARANTEE SCHEMES AND UNEMPLOYMENT ALLOWANCE
3-A. Employment Guarantee Scheme for rural areas. — (1) For the purposes of giving effect
to the provisions of section 3, the State Government shall, by notification in the Official 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.
1 Clause (j) was substituted, by Mah. 26 of 2014, s. 6(11).
2 Clause (k) was substituted by Mah. 26 of 2014, s. 6(12).
3 Clause (l), (m) and (n) were added by Mah. 51 of 2006, s. 2(c).
4 Clause (m-1) was inserted by Mah. 26 of 2014, s. 6(13).
5 These clauses were substituted for clause (n) by Mah. 26 of 2014, s. 6(14).
6 This heading was inserted by Mah. 26 of 2014, s. 7.
7 Section 3 was substituted by Mah. 26 of 2014, s. 8.
8 This heading and sections 3-A to 3-F were inserted by Mah. 26 of 2014, s. 9.
8 The Maharashtra Employment Guarantee Act, 1977 [1978 : Mah. XX
(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.
(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. Conditions for providing guaranteed rural employment and facilities. — (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. Wage rate.— (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 (11 of 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. Payment of unemployment allowance. — (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 the Official 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.
(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. Non-disbursement of unemployment allowance in certain circumstances. — (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
1978 : Mah. XX] The Maharashtra Employment Guarantee Act, 1977 9
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. Disentitlement to rec eive unemployment allowance in certain circumstances. — 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
IMPLEMENTING AND MONITORING AGENCIES]
2[4. State Employment Guarantee Council.— (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 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 monitoring 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 Legi slature by the State
Government;
(v) any other duty or functions as may be assigned to it by the State Government.
1 This heading was inserted by Mah. 26 of 2014, s. 10.
2 Section 4 was inserted by Mah. 51 of 2006, s. 4.
10 The Maharashtra Employment Guarantee Act, 1977 [1978 : Mah. XX
(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. District and Panchayat Samiti Level Committees and their functions. — (1) The State
Government shall constitute a District Employment Guarantee Committee in every Di strict and a
Panchayat Samiti Employment Guarantee Committee in every Panchayat Samiti area. 2[On every District
Level Committee and Panchayat Samiti Level Committee at least two members shall be appointed from
the persons belonging to the Scheduled Castes, Scheduled Tribes and Minorities and two members shall
be from the persons who have been employed on the works of the Scheme :
Provided that, at least one member of such Committees shall be a woman.]
(2) These Com mittees, shall, within their respective jurisdictions, 3[* *] review the
implementation of the Scheme, from time to time, and shall suggest 4[to the District Administration]
5[* *] such steps as in their opinion are necessary for a more effective implement ation of this
Act. 6[* *]
(3) Every District Level Committee shall co -ordinate the working of the Panchayat Samiti
Committees in the District.
7[6. Principal authorities for planning and implementation of Schemes. — (1) The Zilla
Parishad at the Distric t 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.
] 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).
3 The words “supervise and” were deleted by Mah. 26 of 2014, s. 12(b)(i).
4 These words were substituted for the words “to the State Government,” by Mah. 26 of 2014, s. 12(b)(ii).
5 The words “and the Council” were deleted by Mah. 27 of 1991, s. 4.
6 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).
7 These sections were substituted for section 6 by Mah. 26 of 2014, s. 13.
1978 : Mah. XX] The Maharashtra Employment Guarantee Act, 1977 11
6-1A. District Programme Co-ordinator and Joint District Programme Co-ordinator.— (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.
(3) The functions of the District Programme Co-ordinator shall be,—
(a) to assist the Zilla Parishad in discharging its f unctions 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 th eir
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 the Scheme 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 sh all 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 o fficers 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 funct ions
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. Programme Officer, Joint Programme Officer, Additional Programme Officer and
Special Programme Officer.— (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 :
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 Programme Officer 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.
12 The Maharashtra Employment Guarantee Act, 1977 [1978 : Mah. XX
(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 the Gram Sabha and that pr ompt 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 Dis trict 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 Offi cer shall be discharged by the Gram 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. Responsibilities of the Gram Panchayats.— (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 the Gram 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
1978 : Mah. XX] The Maharashtra Employment Guarantee Act, 1977 13
(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. Social audit of work by Gram Sabha.— (1) The Gram 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 ava ilable all relevant documents including the muster rolls,
bills, vouchers, measurement books, copies 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. Responsibilities of State Government in implementing Scheme.— 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 Offi cer and Special
Programme Officer, the necessary staff and technical support as may be necessary for the effective
implementation of the Scheme.
6-1F. Grievances redressal mechanism. — 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.]
1[* * *]
9. Penalty for drawing unemployment allowance when employed elsewhere.— Any person—
(a) who has an employment but sends a letter asking for employment 2[under sub-section (2)
of section 3] 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[* * *]
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” by Mah. 26 of 2014, 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” by Mah. 26 of 2014, s. 16(ii)(a).
5 These words were substituted for the words “Samiti Officer” by Mah. 26 of 2014, s. 16(ii)(b).
6 Sections 10 and 11 were deleted by Mah. 26 of 2014, s.17.
14 The Maharashtra Employment Guarantee Act, 1977 [1978 : Mah. XX
1[CHAPTER V
ESTABLISHMENT OF EMPLOYMENT GUARANTEE FUND,
MGNREGS STATE FUND OF MAHARASHTRA, TRANSPARENCY AND
ACCOUNTABILITY AND AUDIT]
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 (Mah. XVI of 1975)
read with the Maharashtra Tax Acts (Amendment) Act, 1975 (Mah. XVII of 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 :—
2[(a) the amounts transferred to the Fund under section 30 of the Maharashtra State Tax
on Professions, Trades, Callings and Employments Act, 1975 (Mah. XVII of 1975);]
(b) any contributions or grants mad e by the State Government, the 3[* *] or any local
authority;
4[* * *]
(c) any sums received from other bodies or individuals, whether incorporated or not.
5[(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 purp ose of implementing the Scheme 6[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’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.
7[12-A. Mahatma Gandhi National Rural Employment Guarantee Scheme State Fund of
Maharashtra.— (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.
1 This heading was inserted by Mah. 26 of 2014, s. 18.
2 Clause (a) was inserted by Mah. 5 of 2008, s. 14(a).
3 The words “, the Central Government” were deleted by Mah. 26 of 2014, s. 19(i).
4 Clause (b-1) was deleted by Mah. 26 of 2014, s. 19(ii).
5 Sub-section (3A) was inserted by Mah. 5 of 2008, s. 14(b).
6 These words were added by Mah. 47 of 1983, s. 3.
7 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.
1978 : Mah. XX] The Maharashtra Employment Guarantee Act, 1977 15
(2) Any sum received under section 28 of the Central Act and the contribution of the State
Government as required under section 22 of 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. Transparency and accountability.— (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. Audit of accounts.— (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 su ch manner as may be
prescribed.
CHAPTER VI
SCHEME IN URBAN AREAS
12-D. Implementation of Scheme in urban areas.— 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. Beneficiaries of private lands entitled to subsidies in certain circumstances.— (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.
16 The Maharashtra Employment Guarantee Act, 1977 [1978 : Mah. XX
(2) The subsidy under sub -section ( 1) shall be paid from and out of the State Employment
Guarantee Fund established under section 12.]
13. Amendment of certain enactments and rule of construction for reference to Scheme and
Fund in other laws.— (1) The enactments specified in the s econd column of 1[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. Commissioner’s power to supervise and review, implementat ion of Scheme in each
Division.— (1) The Commissioner of the Division, or any officer or officers not below the rank of
4[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 5[to the District Programme 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 officExcerpt shown. Open the full act in Lexace.