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7 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Mahatma Gandhi National Rural Employment Guarantee Act, 2005 National Rural Employment Guarantee Scheme Andhra Pradesh Compensation to labourers for the delay in wage payments Amendment to para 15 of the Scheme - Orders Issued PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD. II) DEPARTMENT G.O.Ms.No.153 Dated: Read the following: 1. Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Act No.42 of 2005). 2. National Rural Employment Guarantee Scheme Andhra Pradesh formulated in G.O.Ms.No.550, Panchayat Raj & Rural Development (RD.II) Department, dated Payment of Wages Act, 1936 ORDER: ***** Whereas, the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Act No.42 of 2005) provides legal guarantee of at least one hundred days of wage employment in a financial year to a rural household, whose adult members volunteer to do unskilled and manual work; 2. And whereas subsection (3) of section 3 of the said Act provides that, 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. 3. And whereas section 25 of the said Act prescribes penalties for contravention of the provisions of the Act and the delaying payment of wages being one of the main provisions of the Act; 4. And whereas para 30 Schedule II of the said Act lays down that, in case the payment of wages is not made within the period specified under the Scheme, the labourers shall be entitled to receive payment of compensation as per the provisions of the Payment of Wages Act, 1936 (4 of 1936). 5. Now therefore, the Government of Andhra Pradesh hereby makes provision of payment of compensation on delayed payments of wages to the labourers as per the notified time period duly penalizing the functionaries found responsible for such delays by amending the National Rural employment Scheme Andhra Pradesh formulated in G.O.Ms.No.550, Panchayat Raj & Rural Development (RD.II) Department, dated Accordingly the following notification will be published in the Extra ordinary issue of the Andhra Pradesh Gazette dated NOTIFICATION In exercise of the powers conferred under subsection (1) of section 4 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Government of Andhra Pradesh hereby amend the National Rural Employment Guarantee Scheme, Andhra Pradesh formulated in G.O.Ms No. 550, PR & RD Department (RD II) 6 th December, AMENDMENT In the said scheme, the para 15.Wages, the following shall be substituted, namely:- 15.Wages: (1) Equal wage shall be paid to both men and women. The payment of wages shall be made on weekly basis. The programme Officer the District Programme Coordinator and The State Programme Coordinator shall keep a watch on the average wages earned. If necessary, the schedule of rates may be revised to ensure that the wage per day is equal to the minimum wages notified by the Government under Minimum Wages Act, The district wise average wage earned by the workers shall also be brought to the notice of the State Council every year. Contd..

8 -2- (2) Fixed Payment Cycle: To ensure timely payments to the labourers for the work done, the Commissioner Rural Development shall fix up maximum time limits for each completing process resulting in payment of wages to the wage seekers, in such a way that each wage seeker gets the wage payments for the work done in the week by the end of the subsequent week (3) Compensation: (a) In case of delay in payment of wages beyond 14 days from the first day of reporting for work, the labourers engaged in the scheme are entitled for the payment of compensation at the rate of 0.3% per each day of delay. (b) 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. (c) The process of deducting the penalty amount from the salaries/ service charge of the functionaries and payment of the same to the wage seekers shall be an automatic process with east manual processing and the concomitant delays. (d) For the purpose of calculation of delays caused by each functionary/paying agency, the number of days permissible to accomplish the activity assigned to them, will be as given below. Sl. No Name of the functionary Name of the Activity Holiday during working season Preceding activity Permissible No. of days to complete the activity (1) (2) (3) (4) (5) (6) (1) (2) (3) (4) (5) Technical Assistant Engineering Consultants Computer Operator, Addl. Programme Officer Programme Officer Paying agencies (Banks/Postal Dept/V.O) Measurements Tuesday Muster rolls 3 days Check Measurement Generation of Pay Order Wednesday Measurements 2 days Sunday Measurement / Check Measurement 2 days Uploading FTOs Sunday Pay Orders 2 days Disbursement of wages to labourers at village level - e-pay orders & Receipt of money 4 days (e) Commissioner Rural Development shall put in position a mechanism of capturing the dates of measurements, check measurements, generation of pay orders, generation of Fund Trnasfer Orders (FTOs), uploading of FTOs, receipt of funds by paying agency, disbursement of wages to the labourers at the village level, to calculate the delay caused by various functionaries. (4) Authorized Officer The Project Director shall be the Authorized Officer for the purpose of approving the recoveries and payment of compensation on an online mode. Provided that no recovery is made when the delay has occurred due to natural calamities or factors beyond the control of the functionary. (5) Process of Recovery and payment of Compensation Once the Project Director approves the recoveries, the recoveries will be effected automatically in the salary pay order of the functionaries and commission pay orders of the paying agencies. Once the recoveries are effected, Special Compensatory Pay Orders and related FTOs are generated by the Project Director/DWMA and send to the paying agency for the disbursements to the labourers at village level. Contd..

9 -3- (6) Management of Information System (MIS) Reports: The Commissioner Rural Development shall place on the website monitoring reports and exception reports to monitor the compensatory wage payments in the website. (7) During dry season i.e., from 1 st February to 30 th June of every year, 20% extra rates shall be given to the labourers whose wages are calculated based on price rate. (8) The Mandal Engineering Officer and Employment Guarantee Scheme Engineer shall super check every work at its final stage of completion. The G.O is available in and (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) R SUBRAHMANYAM PRINCIPAL SECRETARY TO GOVERNMENT (RD) To The Commissioner, Printing, Stationery and Stores Purchase (Printing wing), Government Printing Press, Chanchalguda, Hyderabad with a request to publish the Notification in the next issue of extraordinary Gazette and furnish 1000 copies to PR & RD (RD-II) Department. The Commissioner, Rural Development, AP., Hyderabad The Director, MGNREGS AP The District Collectors and District Programme Coordinators of 22 MGNREGS AP districts. The Project Directors, DWMAs and Addl.Dist.Programme Coordinators of 22 MGNREGS AP districts. The Project Directors, DRDAs and Addl.Dist.Programme Coordinators of 22 MGNREGS AP districts. The Chief Executive Officers, ZPs and Addl.Dist.Programme Coordinators of 22 MGNREGS AP districts. The Project Officers, ITDA and Addl. Dist. Programme Coordinators of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Nellore, Kurnool, Mahabubnagar, Adilabad, Warangal, Khammam and Nalgonda Districts The Commissioner, Panchayat Raj, AP., Hyderabad The Commissioner, Tribal Welfare, AP., Hyderabad The Commissioner, AMR APARD, Rajendranagar, Hyderabad Copy to: The Accountant General, AP, Hyderabad. The Director of Treasuries and Accounts, A.P. Hyderabad. The Special Secretary to Hon ble Chief Minister. PS to Minister (RD, RWS & EG). Private Secretaries to all Ministers PS to Chief Secretary to Government. Law (A) Department PS to Principal Secretary to Government (RD). PA to Joint Secretary to Government (RD) The PR&RD (Genl) Department,(2 copies) SF/SC //FORWARDED :: BY ORDER// SECTION OFFICER

10 GOVERNMENTOFANDHRAPRADESH DEPARTMENT OF RURAL DEVELOPMENT, HYDERABAD 2"d floor, Hermitage Complex, Saifabad, Hyderabad -04 Circular No.616/EGS/PM(M&E)/2011 Dt Sub:- MGNREGS-AP - Compensation to labourers for delay in wage payments - Further Implementation Guidelines - Issued - Regarding Ref:- 1. G.O.Ms. No. 153, PR and RD Dept (RD-11) Department, dated Circular No. 616/EGS/PM(M&E)/20 11 dated 17/07/ Circular No. 607/EGS/PM(IT)/2011 dated 29/08/2011 Vide reference 1st cited above, the orders for the compensation for delay wage payments to be paid to the labourers has been issued. Vide reference 2nd cited above, the instructions to be followed by all the field functionaries to ensure timely payments have been mentioned. In continuation with the reference no 2 cited above, the following further instructions are issued for implementation. 1. The compensation for delay payments shall be implemented in all the districts from the day of conversion of RAGAS from offline mode to online mode. The phase wise implementation of conversion of RAGAS to online mode has been issued vide reference no 3 citied above. The functionary wise report of the recoveries shall be made available in Mandai Computer Centres (MCCs) for the purpose of information to the functionaries. 2. In case of MPDO who is working as Programme Officer under MGNREGS the recovery towards his I her delay either in case of approval of Pay Order or uploading FTOs shall be automatically deducted from the incentive accrued by the MPDO under MGNREGS. 3. The convenor of SRDS shall convert all the Computer Operators, Technical Assistants, Addl. Programme Officers and Engineering Consultants who are outside HRMS by If any ineligible persons are there, their services shall be terminated by giving appropriate notice. This is important to operationalise the compensation for delay payments policy. PD/DWMA shall keep Page 1 of4

11 the HRMS data of all the functionaries updated from time to time in the district. The updated HRMS data shall be shared with Bluefrog by TCS. 4. In case of multiple Computer Operators (COs) working in a particular MCC, the compensation due to the delay in generation of pay orders shall be divided equally among the two Computer Operators and Addl. PO after approval of the recovery bypd/dwma. 5. The deduction for the compensation towards delay wage payments cannot be more than one third ( 1/3 rd) of the gross salary of a functionary in a month. 6. In case of recovery of compensation from the banks/paying agencies due to the delay, the recovery shall be made from the balance 1% service charges (Commission) that shall be paid to the banks/paying agencies after the wages are disbursed. In case the recovery amount exceeds the balance service charges that shall have to be paid to the banks/paying agencies, the total recovery amount shall be reflected and the outstanding amount to be recovered from the commission that would be paid in the subsequent disbursements. 7. In case of GPs where conversion to biometric payments is yet to be done and wherein the disbursement of wages manually to the labourers, through Postal Department, Village Organisations, the mode of wage payments shall be converted to biometric authenticated payments on or before 30th Nov In case of GPs which have been converted to biometric wage payments as on date of issue of this circular, the compensation for the delay payments shall be implemented according to the schedule as given 111 Circular no 607/EGS/PM(IT)/2011 dated 29/08/ The date of disbursement of wages shall be captured through the GPRS system using PoS machines. The compensation policy can only be implemented when the dates are captured and uploaded through PoS. In case of biometric payments, if the dates of disbursements are not captured and uploaded, the same shall be treated as delay payments and the balance 1% commission shall not be paid to those wage payments. Page 2 of4

12 10. In case of biometric payments, the date wherein 50% wage payments are disbursed shall be considered for calculating the delay by banks/paying agencies. 11. Bluefrog shall provide the following data to Tata Consultancy Services for the calculation of delay by the concerned functionary: a. Date of uploading of measurements by the Technical Assistant along with employee ID. b. Date of receipt of list of works to be check measured by EC along with employee ID. c. Date of uploading of check measurements for the works received by EC along with employee ID. 12. The list of works for which Engineering Consultant is not assigned for check measurements shall be notified as 'Check Measurements not required works' by Bluefrog. Those works shall be notified to the Computer Operator for downloading for generation of pay order by TCS. 13. In case of works not assigned to RC for check measurements, the calculation of delay by 'the CO and Addl. Programme Officer shall be reckoned from the date the works are available for download and the ending date shall be the date of generation of pay orders. 14. The Project Director/DWMA shall approve the recoveries to be made from the functionaries, through PD login ID within 24 hours after the receipt of list of deductions. 15. The TCS shall make necessary changes in the software wherever required to operationalise the above paras. The District Collectors & District Programme Coordinators and all the field functionaries, MGNREGS are requested to follow the above guidelines and ensure the wage payments are made to the labourers within the specified time as per the Act and avoid delay of wage payments. Page 3 of4

13 All the PDsiDWMA shall read the above guidelines and understand thoroughly the contents and explain to all APOs, MPDOs in the coming monthly meetings. Sd/- G.Jayalakshmi Commissioner, RD To The District Collectors/District Program Coordinators- 22 MGNREGS Districts The Project Directors, DWMA and District Additional Program Coordinators, 22 MGNREGS Districts The Project Officers, ITDA and District Additional Program Coordinators, 10 MGNREGS Districts All the MPDOs and Program Officers, 22 MGNREGS Districts Copy to The Commissioner, Department ofpanchayat Raj, Hyderabad The Commissioner, Department of Tribal Welfare, Hyderabad The Convenor, SRDS The Commissioner, AP ARD, Hyderabad The C.E.O., SERP, Hyderabad The Project Directors, DRDA and District Additional Program Coordinators, 22 MGNREGS Districts All the Special Officers, CRD Office, Hyderabad The CEO of Zilla Parishad and District Add,itional Program Coordinators, 22 MGNREGS Districts ACRD (Smart Cards) CPMG, Hyderabad Web manager, CRD Office, for uploading in the website Ravi Marri, TCS CEO, Bluefrog, Visakhapatnam All wage payments disbursing banks All Programme Managers, EGS, CRD Office Copy submitted to The Principal Secretary, Department of Rural Development, Hyderabad The Principal Secretary, Department ofpanchayat Raj, Hyderabad I I Attested/ I ~~ Programme Manager (M&E) Page 4 of4

14 GOVERNMENT OF ANDHRA PRADESH ABSTRACT Mahatma Gandhi National Rural Employment Guarantee Act, 2005 National Rural Employment Guarantee Scheme Andhra Pradesh Compensation to labourers for the delay in wage payments Amendment to G.O.Ms.No.153 Issued PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD.II) DEPARTMENT G.O.Ms.No: 45 Dated: Read the following: ORDER: 1. Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Act No.42 of 2005) 2. G.O.Ms.No.550, PR&RD (RD.II) Dept., Dated: Payment of Wages Act, G.O.Ms.No.153, PR & RD (RD.II) Dept., Dt: Memo.No.812/RD.II/A2/2012, PR&RD (RD.II) Dept., Dated: o0 In the G.O. 4 th read above orders were issued on compensation to labour for delay in wage payment duly amending Para-15 of the NREGS formulated in the G.O. 2 nd read above. 2. The Government after reviewing on payment of compensation fro delay in wage payment issued certain instructions in Government Memo 5 th read above. 3. Therefore, in exercise of the powers conferred under subsection (1) of section 4 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Government of Andhra Pradesh hereby issue the following amendments to G.O. 4 th read above, with immediate effect. AMENDMENTS a) Para 15 (3)(a) shall be substituted with the following: In case of delay in payment of wages beyond 14 days from the closure of muster, the labourers engaged in the scheme are entitled for the payment of compensation at the rate of 0.3% per each day of delay. b) Para 15 (5) shall be substituted with the following: Once the Project Director approves the recoveries, the recoveries shall be effected automatically in the salary pay order of the functionaries and commission pay orders of the paying agencies. Special Compensatory pay Orders and related FTOs are generated by the Project Director / DWMA and sent to the paying agency for the disbursements to the labourers at village level. 4. The copy of the G.O. is available on website: (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) R.SUBRAHMANYAM PRINCIPAL SECRETARY TO GOVERNMENT (RD) To The Commissioner, Rural Development, A.P., Hyderabad. The Director, MGNREGS-AP. The District Collectors and District Programme Coordinators of 22 Districts. The Project Directors, DWMAs and Addl. District Programme Coordinators of 22 Districts. [Contd..2..]

15 ::2:: The Project Directors, DRDAs and Addl. District Programme Coordinators of 22 Districts. The Chief Executive Officers, ZPs and Addl. District Programme Coordinators of 22 Districts. Copy to : The PS to Minister (RD) : The PS to Principal Secretary (RD) : SF/SC //FORWARDED :: BY ORDER// SECTION OFFICER

16 GOVERNMENT OF ANDHRA PRADESH, ABSTRACT MGNREG Act 2005 NREGS AP Compensation to the labourers for the delay in wage payments Amendment to the G.O.Ms.No.153, Dt: Orders Issued PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD.II) DEPT G.O.Ms.No.36 ORDER: Dated: Read the following:- 1. G.O.Ms.No.550, PR & RD (RD.II) Department, dt: G.O.Ms.No.153, PR & RD (RD.II) Department, dt: G.O.Ms.No.45, PR & RD (RD.II) Department, dt: G.O.Ms.No.8, PR & RD (RD.II) Department, dt: In the G.O. second read above, orders have been issued making provision of payment of compensation on delayed payments of wages to the labourers as per the notified time period duly penalizing the functionaries found responsible for such delays by amending the NREGS AP Scheme formulated in the GO first read above. 2. In the GO fourth read above, an amendment has been issued substituting para 3 (a) of the orders issued in the GO third read above reducing the delay compensation to the labour for delay on wage payments from the existing 0.3% to 0.1% per day to mitigate the hardship caused to the banks. 3. The Government after review of the authority of the Project Director designated for approving the recoveries and payment of compensation to the wage seekers hereby decide to amend provision (4) of the notification issued in the GO second read above, which shall be read as follows:- AMENDMENT Authorized Officer: The Project Director shall, within 15 days from the date of delay compensation became due, can disapprove the amount for deduction from either the functionary or the paying agency duly recording reasons for the same on an online mode. If Project Director has not disapproved the compensation within 15 days, it will be presumed that the compensation has been authorized for recovery and deduction shall be effected as given below. 4. The Director, RD is requested to take immediate action for implementation of the above under intimation to TCS, PDs DWMA and Banks concerned. 5. A copy of the G.O is available in (BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH). R.SUBRAHMANYAM PRINCIPAL SECRETARY TO GOVERNMENT (RD) To The Commissioner, Rural Development, AP., Hyderabad The Director, MGNREGS AP

17 The District Collectors and District Programme Coordinators of 22 MGNREGS AP districts. The Project Directors, DWMAs and Addl.Dist.Programme Coordinators of 22 MGNREGS AP districts. The Project Directors, DRDAs and Addl.Dist.Programme Coordinators of 22 MGNREGS AP districts. The Chief Executive Officers, ZPs and Addl.Dist.Programme Coordinators of 22 MGNREGS AP districts. The Project Officers, ITDA and Addl. Dist. Programme Coordinators of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Nellore, Kurnool, Mahabubnagar, Adilabad, Warangal, Khammam and Nalgonda Districts The Commissioner, Panchayat Raj, AP., Hyderabad The Commissioner, Tribal Welfare, AP., Hyderabad The Commissioner, AMR APARD, Rajendranagar, Hyderabad Copy to: The Accountant General, AP, Hyderabad. The Director of Treasuries and Accounts, A.P. Hyderabad. The Special Secretary to Hon ble Chief Minister. PS to Minister (RD, RWS & EG). Private Secretaries to all Ministers PS to Chief Secretary to Government. Law (A) Department PS to Principal Secretary to Government (RD). PA to Joint Secretary to Government (RD) The PR&RD (Genl) Department,(2 copies) SF/SC //FORWARDED BY ORDER // SECTION OFFICER

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