The Maharashtra Employment Guarantee Act, 1977

--- Section 1. Section 1.Short title, extent and commencement. --- ( 1 ) This Act may be called the Maharashtra Employment Guarantee Act, 1977. 1 [( 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 2 date as the State Government may, by notification in the Official Gazette , appoint. [Footnotes] 1. This sub-section was substituted by Mah. 26 of 2014, s. 5. 2. 26th January 1979, vide G. N., P. D., No. EGS. 1077/87/EMP-5, dated 25th January 1979. --- Section 2. Section 2.Definitions. --- In this Act, unless the context otherwise requires,- 1 [( 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;] 2 [( a-1 ) "Central Act" means the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (42 of 2005);] 3 [( 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; 4 [ (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;] 5 [* * *] 6 [( 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;] ( 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 ; 7 [( 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;] 8 [( 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 (II of 1948);] 9 [( 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;] 10 [( 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 ) 11 [* * *] 12 [( 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; 13 [( 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;] 14 [( 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;] 15 [( k ) "Scheme" means the Employment Guarantee Scheme prepared and published under section 3-A;] 16 [( l ) "State 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 ; 17 [( 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); ] 18 [( 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).] [Footnotes] 1. These clauses were substituted for clause ( a ) by Mah. 26 of 2014, s. 6( 1 ). 2. Clause ( a-1 ) was substituted by Mah. 26 of 2014, s. 6( 2 ). 3. Clause ( a-2 ) was inserted by Mah. 51 of 2006, s. 2( a ). 4. These clauses were inserted by Mah. 26 of 2014, s. 6( 3 ). 5. Clause ( c ) was deleted by Mah. 27 of 1991, s. 2. 6. Clause ( d ) was substituted by Mah. 26 of 2014, s. 6( 4 ). 7. These clauses were inserted by Mah. 26 of 2014, s. 6( 5 ). 8. Clauses ( e-1 ) was inserted by Mah. 51 of 2006, s. 2 (b) . 9. Clause-s ( e-2 ) was inserted by Mah. 26 of 2014, s. 6( 6 ). 10. Clause ( f ) was substituted by Mah. 26 of 2014, s. 6( 7 ). 11. Clause ( g ) was deleted by Mah. 26 of 2014, s. 6( 8 ). 12. Clause ( g-1 ) was inserted by Mah. 26 of 2014, s. 6( 9 ). 13. These clauses were inserted by Mah. 26 of 2014, s. 6( 10 ). 14. Clause ( j ) was substituted, by Mah. 26 of 2014, s. 6( 11 ). 15. Clause ( k ) was substituted by Mah. 26 of 2014, s. 6( 12 ). 16. Clause ( l ), ( m ) and ( n ) were added by Mah. 51 of 2006, s. 2( c ). 17. Clause ( m-1 ) was inserted by Mah. 26 of 2014, s. 6( 13 ). 18. These clauses were substituted for clause ( n ) by Mah. 26 of 2014, s. 6( 14 ). --- Section 3. Section 3.Guarantee of rural employment to households. --- 1 [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 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.] [Footnotes] 1. Section 3 was substituted by Mah. 26 of 2014, s. 8. --- Section 3-A. Section 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. ( 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. --- Section 3-B. Section 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. --- Section 3-C. Section 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. --- Section 3-D. Section 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. --- Section 3-E. Section 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 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. --- Section 3-F. Section 3-F.Dis-entitlement to receive 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.] --- Section 4. Section 4.State Employment Guarantee Council. --- 1 [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 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.] [Footnotes] 1. This sub-section was inserted by Mah. 26 of 2014, s. 11. --- Section 5. Section 5.District and Panchayat Samiti Level Committees and their functions. --- ( 1 ) The State Government shall constitute a District Employment Guarantee Committee in every District and a Panchayat Samiti Employment Guarantee Committee in every Panchayat Samiti area. 1 [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 Committees, shall, within their respective jurisdictions, 2 [* *] review the implementation of the Scheme, from time to time, and shall suggest 3 [to the District Administration] 4 [* *] such steps as in their opinion are necessary for a more effective implementation of this Act. 5 [* *] ( 3 ) Every District Level Committee shall co-ordinate the working of the Panchayat Samiti Committees in the District. [Footnotes] 1. 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 ). 2. The words "supervise and" were deleted by Mah. 26 of 2014, s. 12 (b) ( i ). 3. These words were substituted for the words "to the State Government," by Mah. 26 of 2014, s. 12 (b) ( ii ). 4. The words "and the Council" were deleted by Mah. 27 of 1991, s. 4. 5. 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 ). --- Section 6. Section 6.Principal authorities for planning and implementation of Schemes. --- 1 [6. Principal authorities for planning and implementation of Schemes.- ( 1 ) The Zilla Parishad at the District 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. [Footnotes] 1. These sections were substituted for section 6 by Mah. 26 of 2014, s. 13. --- Section 6-1A. Section 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 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 Coordinator. 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 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. --- Section 6-1B. Section 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. ( 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 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 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. --- Section 6-1C. Section 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 (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. --- Section 6-1D. Section 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 available 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. --- Section 6-1E. Section 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 Officer and Special Programme Officer, the necessary staff and technical support as may be necessary for the effective implementation of the Scheme. --- Section 6-1F. Section 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 [* * *] --- Section 7. Section 7.Deleted. --- Deleted . --- Section 7-A. Section 7-A.Deleted. --- Deleted . --- Section 8. Section 8.Deleted. --- Deleted . --- Section 9. Section 9.Penalty for drawing unemployment allowance when employed elsewhere. --- Any person ( a ) who has an employment but sends a letter asking for employment 1 [under sub-section ( 2 ) of section 3] and draws unemployment allowance under 2 [sub-section ( 1 ) section 3-D] ; or (b) who is in receipt of unemployment allowance under 3 [sub-section ( 1 ) of section 3-D] and accepts employment elsewhere but does not bring this fact to the notice of the 4 [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. 5 [* * *] [Footnotes] 1. 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 ). 2. 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) . 3. These words, brackets, figures and letters were substituted for the words, brackets and figures sub-section ( 4 ) of that sectiondbts by Mah. 26 of 2014, s. 16( ii )( a ). 4. These words were substituted for the words "Samiti Officer" by Mah. 26 of 2014, s. 16( ii ) (b) . 5. Sections 10 and 11 were deleted by Mah. 26 of 2014, s.17. --- Section 10. Section 10.Deleted. --- Deleted . --- Section 11. Section 11.Deleted. --- Deleted . --- Section 12. Section 12.Establishment of Employment Guarantee Fund and its utilisation for the Scheme. --- ( 1 ) On the date of commencement of this Act, a Fund to be called the Employment Guarantee Fund shall be deemed to be established. ( 2 ) Any amount standing to the credit of the Employment Guarantee Fund established under the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 (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 :- 1 [( 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 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 Scheme 5 [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. [Footnotes] 1. Clause ( a ) was inserted by Mah. 5 of 2008, s. 14( a ). 2. The words ", the Central Government" were deleted by Mah. 26 of 2014, s. 19( i ). 3. Clause (b-1) was deleted by Mah. 26 of 2014, 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. 2. --- Section 12-A. Section 12-A.Mahatma Gandhi National Rural Employment Guarantee Scheme State Fund of Maharashtra. --- 1 [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. ( 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. [Footnotes] 1. 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. --- Section 12-B. Section 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. --- Section 12-C. Section 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 such manner as may be prescribed. --- Section 12-D. Section 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. --- Section 12-E. Section 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. ( 2 ) The subsidy under sub-section ( 1 ) shall be paid from and out of the State Employment Guarantee Fund established under section 12.] --- Section 13. Section 13.Amendment of certain enactments and rule of construction for references to Scheme and Fund in other laws. --- ( 1 ) The enactments specified in the second column of 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. --- Section 13-A. Section 13-A.Commissioner’s powers to supervise and review, implementation of Scheme in each Division. --- 1 [13-A. Commissioners power to supervise and review, implementation of Scheme in each Division.- ( 1 ) The Commissioner of the Division, or any officer or officers not below the rank of 2 [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 3 [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 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. ( 2 ) For the purpose of implementation of the Scheme, 4 [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 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. 5 [( 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.] [Footnotes] 1. 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" by Mah. 26 of 2014, s. 14( i )( a ). 2. 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" by Mah. 26 of 2014, s. 14( i )( a ). 3. These words and brackets were substituted for the words "the collectors, other officers (Including divisional level officers), local authorities and other bodies" by Mah. 26 of 2014, s. 14( i ) (b) . 4. These words and brackets were substituted for the words "the Collectors, other officers, local authorities and other bodies in the Division" by Mah. 26 of 2014, s. 14( ii ). 5. Sub-section ( 3 ) was inserted by Mah. 26 of 2014, s. 14( iii ). --- Section 14. Section 14.Delegation of powers. --- The State Government may, by notification in the Official Gazette , direct that the powers exercisable by it, except the powers to make the Scheme and the rules, 1 [* * *] 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. [Footnotes] 1. The words, brackets and figures "and the scheme for educated unemployed referred to in sub-section ( 6 ) of section 12," were deleted by Mah. 24 of 1980, s. 4. --- Section 14-A. Section 14-A.Penalties. --- 1 [14-A. Penalties.- 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 2 [and shall also be liable for disciplinary action in accordance with the relevant service rules and directions issued by the Central Government under section 27 of Central Act.] [Footnotes] 1. Section 14A was inserted by Mah. 51 of 2006, s. 8. 2. This portion was added by Mah. 26 of 2014, s. 22. --- Section 15. Section 15.Protection of action taken in good faith. --- No suit, prosecution or other legal proceedings shall lie against the State Government or any authority or officer or body or person for anything which is in good faith done or intended to be done in pursuance of this Act or the Scheme or the rules made thereunder. --- Section 16. Section 16.Act to have overriding effect. --- The provisions of this Act or the Scheme, rules, notifications or orders made or issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law. --- Section 16-A. Section 16-A.Power to amend Schedules II and III. --- 1 [16-A. Power to amend Schedules II and III. 2 [( 1 )] The State Government may, from time to time, by notification in the Official Gazette , amend the Schedule II or Schedule III, by adding or modifying or deleting any entry therein and thereupon, the said Schedule shall be deemed to have been amended accordingly: 3 [Provided that, such Schedules, after such amendment, shall be in conformity with the minimum terms and conditions with minimum entitlements, specified in Schedule I or, as the case may be, Schedule II to the Central Act, for the time being in force.] 4 [( 2 ) A copy of every notification issued under sub-section ( 1 ) shall be laid, as soon as may be, after it is issued, before each House of the State Legislature.] 5 [* * *]] [Footnotes] 1. Sections 16A and 16B was inserted by Mah. 51 of 2006, s. 9. 2. Sections 16A was renumbered as sub-section ( 1 ) and in sub-section ( 1 ) as so renumbered the proviso was added by Mah. 26 of 2014, s. 23( i ). 3. Sections 16A was renumbered as sub-section ( 1 ) and in sub-section ( 1 ) as so renumbered the proviso was added by Mah. 26 of 2014, s. 23( i ). 4. Sub-section ( 2 ) was inserted by Mah. 26 of 2014, s. 23( ii ). 5. Section 16B was deleted by Mah. 26 of 2014, s. 24. --- Section 16-B. Section 16-B .Deleted. --- [ Deleted ] --- Section 17. Section 17.Power to make rules. --- ( 1 ) The power to make rules under this Act shall be exercisable by the State Government by notification in the Official Gazette . ( 2 ) Without prejudice to any power to make rules contained elsewhere in this Act, the State Government may make rules consistent with this Act to carry out the purposes of this Act. ( 3 ) All rules made under this Act shall be subject to the condition of previous publication. ( 4 ) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette , the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.