THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (AMENDMENT) BILL, 2012

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1 1 AS INTRODUCED IN LOK SABHA 42 of THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (AMENDMENT) BILL, 2012 By SHRI BHOOPENDRA SINGH, M.P. A Bill No. 23 of 2012 BILL further to amend the Mahatma Gandhi National Rural Employment Guarantee Act, BE it enacted by Parliament in the Sixty-third year of the Republic of India as follows: 1. This Act may be called the Mahatma Gandhi National Rural Employment Guarantee () Act, In section 12 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (hereinafter referred to as the principal Act), after sub-section (4), the following sub-sections shall be added, namely: "(5) The State Council shall compulsorily carry out inspection of not less than ten per cent. of the projects which have been inspected by the District Programme Coordinator under the proviso to clause (f) of sub-section (3) of section 14 with a view to find out whether such projects fulfil the prescribed technical standards and norms. Short title. of section 12.

2 of section 14. of section 15. Insertion of new section 25A. Punishment for financial irregularities, etc. 2 (6) Where the State Council, after inspection of projects referred to in subsection (5), finds that any of the projects inspected by it does not meet the prescribed technical standards and norms, it shall make an entry to that effect in the service books of the concerned District Programme Coordinator and the Programme Officer and shall also issue a warning to such officers.". 3. In section 14 of the principal Act, in sub-section (3), after clause (f), the following proviso shall be inserted, namely: "Provided that the District Programme Coordinator shall compulsorily conduct inspection of not less than ten per cent. of the projects which have been inspected by the Programme Officer under the proviso to clause (a) of sub-section (5) of section 15 with a view to find out whether such projects fulfil the prescribed technical standards and norms.". 4. In section 15 of the principal Act, in sub-section (5), after clause (a), the following proviso shall be inserted, namely: "Provided that the Programme Officer shall compulsorily inspect not less than ten per cent. of the ongoing projects with a view to find out whether the prescribed technical standards and norms are being complied with in such projects.". 5. After section 25 of the principal Act, the following section shall be inserted, namely: "25A. Whoever, responsible for implementing any project or preferred work, deliberately neglects or lowers the prescribed technical standards or norms or commits financial irregularity while implementing such project or preferred work shall be deemed to be guilty of committing an offence under the Prevention of Corruption Act, 1988 and liable to be proceeded against and punished under the provisions of that Act." of 1988.

3 STATEMENT OF OBJECTS AND REASONS The Mahatma Gandhi National Rural Employment Guarantee Act was enacted to provide employment for at least one hundred days during lean season to the landless workers and small farming families of rural areas in order to protect their livelihood. But the scene which appears before us since the commencement of the schemes launched under this Act about five and a half years ago, narrates a different story which is full of corruption, and financial irregularities, collusion and arbitrary acts. The representatives of the people occupying higher positions in the Government also acknowledge the fact that the corruption in the schemes tantamount to grave injustice to poor in the country. The response of the judiciary is that the funds earmarked under the schemes are not reaching the intended persons. In order to make the schemes corruption free, it is necessary to amend this Act. For this purpose, the responsibility of the public servants should mandatorily be fixed at district, block and panchayat levels. In order to curb corruption penalties should be imposed on the public servants who fail to discharge their responsibilities. The penal provisions of the Prevention of Corruption Act, 1988 should be extended to cover the persons who commit offences under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 in order to ensure implementation of the schemes under this Act in a transparent manner. Hence this Bill. NEW DELHI; February 22, BHOOPENDRA SINGH 3

4 ANNEXURE EXTRACT FROM THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE ACT, 2005 (ACT NO. 42 OF 2005) State Employment Guarantee Council. District Programme Coordinator. Programme Officer. 12.(1) * * * * * (3) * * * * * (4) The State Council shall have the power to undertake an evaluation of the Schemes operating in the State and for that purpose to collect or cause to be collected statistics pertaining to the rural economy and the implementation of the Schemes and Programmes in the State. 14.(1) * * * * * (3) The functions of the District Programme Coordinator shall be (a) * * * * * (b) * * * * * (c) * * * * * (d) * * * * * (e) * * * * * (f) to conduct periodic inspection of the works in progress; and 15.(1) * * * * * (3) * * * * * (4) * * * * * (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; 4

5 LOK SABHA A BILL further to amend the Mahatma Gandhi National Rural Employment Guarantee Act, (Shri Bhoopendra Singh, M.P.) GMGIPMRND 4211LS(S3)