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Section Section 15

and all other officers of the State Government and local authorities and bodies

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section 15 and all other officers of the State Government and local authorities and bodies functioning within the district shall be responsible to assist the District Programme Coordinator in carrying out his functions under this Act and the Schemes made thereunder. The District Programme Coordinator shall prepare in the month of December every year 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 district panchayat: 15. Programme Officer: (1) At every Panchayat at intermediate level, the State Government shall appoint person who is not below the rank of Block Development Officer with such qualifications and experience as may be determined by the State Government as Programme Officer at the Panchayat at intermediate level: 2) The Programme Officer shall assist the Panchayat at intermediate level 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: 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 intermediate panchayats. The functions of the Programme Officer shall include monitoring of projects taken up by the Gram Panchayats and other implementing agencies within the Block; sanctioning and ensuring payment of unemployment allowance to the eligible households; ensuring prompt and fair payment of wages to all labourers employed under a programme of the Scheme within the Block; 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 any other work as may be assigned to him by the District Programme Coordinator or the State Government. The Programme Officers shall function under the direction, control and superintendence of the District Programme Coordinator: The State Government may, by order, direct that all or any of the functions of Programme Officer shall be discharged by the Gram Panchayat O local authority. 16. Responsibilities of the Gram Panchayats. (1) The Gram Panchayat shall be responsible for identification of the projects in the Gram Panchayat area to be taken up under Scheme as per the recommendations of the Gram Sabha and the Ward Sabhas and for executing and supervising such works (2) A Gram Panchayat may take up any project under 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 the Gram Sabha and the Ward Sabhas, 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. 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 The Programme Officer shall allot at least fifty per cent. of the works in terms of its cost under a Scheme to be implemented through the Gram Panchayats The Programme Officer shall supply each Gram Panchayat with the muster rolls for the works sanctioned to be executed by it; and (b) list of employment opportunities available elsewhere to the residents of the Gram Panchayat: The Gram Panchayat shall allocate employment opportunities among the applicants and ask them to report for work (8) The works taken up by Gram Panchayat under Scheme shall meet the required technical standards and measurements_ 17. Social audit of work by Gram Sabha: The Gram Sabha shall monitor the execution of works within the Gram Panchayat: (2F The Gram Sabha shall conduct regular social audits of all the projects under the Scheme taken up within 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 account and papers to the Gram Sabha for the purpose of conducting the social audit: 18. Responsibilities of State Government in implementing Scheme: The State Government shall make available to the District Programme Coordinator and the Programme Officers necessary staff and technical support as may be necessary for the effective implementation of the Scheme. 19. Grievance 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 CHAPTER V ESTABLISHMENT OF NATIONAL AND STATE EMPLOYMENT GUARANTEE FUNDSANDAUDIT 20. National Employment Guarantee Fund. (1) The Central Government shall, by notification; establish a fund to be called the National Employment Guarantee Fund for the purposes of this Act: (2F The Central Government may, after due appropriation made by Parliament by law in this behalf, credit by way of grants or loans such sums of money as the Central Government may consider necessary to the National Fund. (3) The amount standing to the credit of the National Fund shall be utilised in such manner and subject to such conditions and limitations as may be prescribed by the Central Government: 21. State Employment Guarantee Fund. (1) The State Government may, by notification, establish fund to be called the State Employment Guarantee Fund for the purposes of implementation of the Scheme. (2_ The amount standing to the credit of the State Fund shall be expended in such manner and subject to such conditions and limitations as may be prescribed by the State Government for the purposes of implementation of this Act and the Schemes made thereunder and for meeting the administrative expenses in connection with the implementation of this Act: (3) The State Fund shall be held and administered on behalf of the State Government in such manner and by such authority as may be prescribed by the State Government. 10 22. Funding pattern:--(1) Subject to the rules as may be made by the Central Government in this behalf; the Central Government shall meet the cost of the following, namely: the amount required for payment of wages for unskilled manual work under the Scheme; up to three-fourths of the material cost of the Scheme including payment of wages to skilled and semi-skilled workers subject to the provisions of Schedule II; (c) such percentage of the total cost of the Scheme as may be determined by the Central Government towards the administrative expenses, which may include the salary and allowances of the Programme Officers and his supporting staff, the administrative expenses of the Central Council, facilities to be provided under Schedule I[ and such other item as may be decided by the Central Government: (2) The State Government shall meet the cost of the following, namely: the cost of unemployment allowance payable under the Scheme; one-fourth of the material cost of the Scheme including payment of wages to skilled and semi-skilled workers subject to the provisions of Schedule II; the administrative expenses of the State Council: 23. Transparency and accountability:-(1) The District Programme Coordinator and all implementing agencies in the District shall be responsible for the proper utilisation 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. All payments of wages in cash and unemployment allowances shall be made directly to the person concerned and in the presence of independent persons of the community on pre-announced dates. If any dispute or complaint arises concerning the implementation of Scheme by the Gram Panchayat, the matter shall be referred to the Programme Officer: 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: 24. Audit of accounts. 1) The Central Government may, in consultation with the Comptroller and Auditor General of India, prescribe appropriate arrangements for audits of the accounts of the Schemes at all levels. (2) The accounts of the Scheme shall be maintained in such form and in such manner as may be prescribed by the State Government CHAPTER VI MISCELLANEOUS 25. Penalty for non-compliance. _Whoever contravenes the provisions of this Act shall on conviction be liable to a fine which may extend to one thousand rupees. 26. Power to delegate. (1) The Central Government may, by notification, direct that the powers exercisable by it (excluding the power to make rules) may, in such circumstances and subject to such conditions and limitations, be exercisable also by the State Government or such officer subordinate to the Central Government or the State Government as it may specify in such notification. 11 2) The State Government may, by notification, direct that the powers exercisable by it (excluding the power to make rules and Schemes) may, in such circumstances and subject to such conditions and limitations, be exercisable also by such officer subordinate to it as it may specify in such notification: 27. Power of Central Government to give directions. (1) The Central Government may give such directions as it may consider necessary to the State Government for the effective implementation of the provisions of this Act: (2) Without prejudice to the provisions of sub-section (1), the Central Government may, on receipt of any complaint regarding the issue Or improper utilisation of funds granted under this Act in respect of any Scheme if prima facie satisfied that there is a case, cause an investigation into the complaint made by any agency designated by it and if necessary, order stoppage of release of funds to the Scheme and institute appropriate remedial measures for its proper implementation within a reasonable period of time. 28. Act to have overriding effect- The provisions of this Act o the Schemes made 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: Provided that where State enactment exists or is enacted to provide employment guarantee for unskilled manual work to rural households consistent with the provisions of this Act under which the entitlement of the households is not less than and the conditions of employment are not inferior to what is guaranteed under this Act, the State Government shall have the option of implementing its own enactment: Provided further that in such cases the financial assistance shall be paid to the concerned State Government in such manner as shall be determined by the Central Government, which shall not exceed what the State would have been entitled to receive under this Act had a Scheme made under this Act had to be implemented: 29. Power to amend Schedules: 1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend Schedule I or Schedule II and thereupon Schedule I O Schedule II, as the case may be, shall be deemed to have been amended accordingly: (2) A copy of every notification made under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is made. 30. Protection of action taken in good faith: -~No suit, prosecution or other legal proceedings shall lie against the District Programme Coordinator, Programme Officer or any other person who is, Or who is deemed to be, public servant within the meaning of