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State of Bihar - Section

Section 4 in Mahatma Gandhi National Rural Employment Guarantee Scheme, Bihar -Compensation to workers for the delay in Wage Payment Rules, 2017

4. Compensation.

(1)According to Section 3(3) of The Act, workers are entitled to be paid wage on a weekly basis and in any case within a fortnight of the date of closure of the muster roll. In case the payment of wages is not made within fifteen days from the date of closure of the muster roll, the wage seeker, as per Para 29 of Schedule II of Mahatma Gandhi National Rural Employment Guarantee Act, is entitled to receive payment of compensation for the delay, at the rate of 0.05% of the unpaid wages per day of delay from sixteenth day of closure of muster roll.
(2)The compensation to the wage seekers will be paid duly penalizing the functionaries found responsible for the delay in such a way that the penalty is equal to the compensation payable.
(3)Any delay in payment of compensation beyond a period of fifteen days from the date it becomes payable, shall be considered in the same manner as the delay in payment of wages. The Programme Officer will be responsible for taking a decision regarding acceptance or rejection of the delay compensation within fifteen days from the date it becomes payable. In Case of failure, the compensation for such delay shall be recovered from the Programme Officer.
(4)For ensuring the accountability in payment of wages and to calculate culpability of various functionaries, the number of days permissible to accomplish the activity assigned to them, will be as follows :-
Sl. No. Name of the Activity Name/Designation of the functionary Permissible No. of days to Complete theActivity
(3) (4) (3) (4)
1. Measurement of Work in eMB and recording it inthe Measurement Book Panchayat Technical Assistant (PTA)/equivalent T + 3 days
2. Verification and Checking of Measurement of Workin eMB and recording it in the Measurement Book Junior Engineer(JE) or Assistant Engineer(AE)(as the case may be) T +4 days
3. Verification and Checking of Measurement of Workin eMB and recording it in the Measurement Book Assistant Engineer (AE)/Executive Engineer(EE)(as the case may be) T+6 days
4. Submission of eMR and eMB/ MB to ProgrammeOfficer. Panchayat Rozgar Sewak (PRS) T + 7 days
5. Updation of eMR and eMB on MIS and generation ofwage list and sending it for Payment Accountant/Computer Operator / Equivalent T + 9 days
6. Generation of Fund Transfer Order (FTO) andSigning (1st Signatory) MGNREGA Accountant / Equivalent T + 10 days
7. Approval of Fund Transfer Order (FTO) forpayment (2nd Signatory) Programme Officer(PO) T + 11 days
Note:"T means Date of Closure ofMuster Rolls
(5)The total compensation payable shall be automatically calculated by NREGA Soft based on the date of closure of muster roll, total wage payable, duration of delay and the date of approval of FTO by 2nd Signatory. The compensation payable in each case will be displayed automatically on www.nrega.nic.in and updated daily.
(6)The compensation is to be paid after due verification. Every Programme Officer shall, within 15 days from the date that the delay compensation becomes due, decide whether the compensation that has been automatically calculated by the NREGA Soft is payable or not? The Compensation shall be met from the State Employment Guarantee Fund (SEGF) upfront. This will be recovered from the functionaries/agencies responsible for the delay.
(7)Exceptional cases when compensation may not be payable:-
(a)Funds are not available at the paying authority level;
(b)Compensation is not due;
(c)Natural calamities as defined by the Ministry of Home Affairs (MHA).
(8)The Programme Officer will ensure that compensation claims are settled during the prescribed time, i.e., within 15 days of compensation being due, and such claims will not be allowed to be accumulated without any decision of acceptance or rejection. In all cases of rejection, the Programme Officer shall give detailed reason(s) for rejection on NREGA Soft and maintain record of the same, in her/his office for future verification. All cases approved for payment of compensation shall be routed through Electronic Fund Management System (e-FMS). District Programme Coordinator and Additional District Programme Coordinator will review this every month regularly.
(9)The State Government (District Programme Coordinator, Additional District Programme Coordinator and Programme Officer in particular) shall be responsible for operationalising the system for the payment of compensation for delayed wage payments. The details are to be uploaded on NREGA Soft so that the liability of each functionary/agency can be determined in case of a delayed payment. The said compensation has to be recovered from the concerned functionary/ functionaries and order for the same shall be issued by the Programme Officer.
(10)Accounting for Compensation paid-For Accounting for the compensation paid, a separate account within SEGF shall be maintained and reflected in the MIS under e-FMS. The District Programme Coordinator, Additional District Programme Coordinator and Programme Officer shall ensure recovery of compensation amount so paid from the honorarium / salary of the functionaries, for such delay in payment of unskilled wages. The amount so recovered shall be reimbursed into the SEGF account.