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MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977

Preamble - THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977

THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977

[Act No. 20 of 19781]

[3rd October, 1978]

PREAMBLE

An Act to make effective provision for securing the right to work by guaranteeing employment to all adult persons
who volunteer to do unskilled manual work in rural areas in the State of Maharashtra.

WHEREAS it is expedient to make effective provision for securing the right to work laid down in Article 41 of
the Constitution of India by guaranteeing employment to all adult persons who volunteer to do unskilled
manual work in rural areas in the State of Maharashtra;

AND WHEREAS it is necessary to engage such adult persons on works which would bring into being durable
assets for the benefit of the community and the economy;

AND WHEREAS it is further necessary to provide for continuing employment of surplus rural manpower in cot-
tage, village and small industries and in agro-industries.

AND WHEREAS it is also necessary to make certain supplemental, incidental and consequential provisions; It is
hereby enacted in the Twenty-eighth Year of the Republic of India as follows :-

NOTES

Objects and Reasons.-

The Employment Guarantee Scheme operating in Maharashtra had provided guarantee of employment to all
able-bodied adult persons in rural areas who volunteer to do unskilled work, and such employment was
provided on productive works which could result in creation of durable community assets. However, there was
no statutory obligation on the part of Government to provide employment under the Scheme.

Article 40 of the Constitution of India has provided for the right to work. As a first step towards this goal, it
was proposed by this Act to provide statutory sanction to the guarantee of employment to all adult persons in
the rural areas (including 'C class municipal areas) in the State who volunteer to do unskilled manual work.

The proposals contained in sections 3 and 8 of the Act confer a right on every able-bodied individual to secure
employment of unskilled nature within 15 days of the demand for such employment. There would be a
statutory obligation on Government to provide employment to such persons on the works, which would bring
into being durable assets for the benefit of the community and the economy. The failure on the part of
Government to provide employment within 15 days from the date of demand for employment would entail the
responsibility on Government for payment of an unemployment allowance at a rate of not less than Re. 1 per
day per person [sub-section (4) of section 8].

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The proposals also provide for continuous employment of surplus rural man-power in cottage, village and
small industries and in agro-industries.

Along with employment for unskilled labour, provision has been made in section 12(6) for utilising a portion of
the Employment Guarantee Fund towards the scheme for educated unemployed in urban areas also, so as to
generate more opportunities for self-employment.

For the purpose of achieving the object of securing and providing employment, it was proposed to establish
the Employment Guarantee Fund. At present, the amounts equal to the net proceeds of some of the taxes
specially levied for this purpose and the amounts of matching grants to be given by Government and other
contribution made by Government would be credited to this Fund.

Having regard to the guidelines given in section 7, the Employment Guarantee Scheme containing further
necessary provisions would be prepared and published for information of the public.

The Maharashtra Employment Guarantee Act, 1977 is enacted for securing the right to work by guaranteeing
employment to all adult persons, who volunteer to do unskilled manual work in the rural areas in Maharashtra.
The Act has been brought into force on the 26th January, 1979. The National Rural Employment Programme
(formerly known as the Food for Work Programme) sponsored by the Government of India is also linked with
the Employment Guarantee Scheme, under which food grains are made available to the workers as wages in
kind. About 8 to 10 lakhs labourers were likely to see employment, who will have to be provided with work on
about 10 to 12 thousand works.

So far only Collectors of respective districts were responsible for implementation of the Scheme. It had
become essential that a sufficiently senior officer of the rank of Divisional Commissioner is vested with the
powers to supervise and review the implementation of the Scheme and the National Rural Employment
Programme in each Division, by inserting a new section 6A.

So far only productive works could be taken up under the Scheme. But in order to meet the conditions created
by natural calamities like heavy rains, floods, earthquakes and cyclones, it had become necessary to amend
section 7(2) (i) to empower Government to provide employment temporarily or any other work also.

Under section 7(2) (ii), the wages of labourers engaged under the Scheme were required to be paid according
to the Schedule of rates fixed by Government. As payment of wages according to such Schedule was not
possible in areas affected by natural calamities mentioned above, where work done cannot be measured, it
had become necessary to provide that in such cases the wages may be paid at such daily rates as Government
may direct.

Under section 7(2) (x), when works were taken up under the Scheme on private lands, the holders were
entitled to subsidy from the Employment Guarantee Fund not exceeding 33-1/3 per cent. of the works
expenditure. To enable Government to take up works of terracing as well as the land development for
horticulture, and also other land development works especially on lands belonging to small farmers, under the
Scheme, it had become necessary to relax the rigid condition of percentage of subsidy laid down in the Act and
to make a flexible provision to prescribe the rates of subsidy by rules.

As both Houses of the State Legislature were not in session and it was necessary to take immediate action to
amend the relevant provisions of the Act suitably for the purpose aforesaid, the Maharashtra Employment
Guarantee (Amendment) Ordinance, 1980 was promulgated by the Governor of Maharashtra on the 24th
November, 1980. The Act is intended to replace the said Ordinance by an Act of the State Legislature.- |Mah.
Act 24 of 1980].

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During the last six or seven years the Employment Guarantee Scheme as a programme has been greatly
enlarged, with a financial implication of the order of Rs. 100 crores per year and a peak level labour force
anywhere between 9 to 10 lakhs, and in terms of man-days the last year's level was 22 crores.

The Maharashtra Employment Guarantee Act, 1977, provides for appointment of the State Council, for day-to-
day study of operational problems, finding solutions thereto, general advertisement of Government in running
the programmes and periodical review and supervision of the implementation of the Act. The Council as on
today comprises a Chairman and 26 other members. The Council also through Sub-Committees/Study Groups,
visit various Districts and goes into specific issues in them. It has been found that the responsibility of the
Council has been increased and become more complex, necessitating appointment of a separate President on
the Council who should be above the Chairman in order of precedence.

The District and Panchayat Level Committees have been constituted and co-ordination of the working of these
Committees is one of the important functions of the State Council. During 1980-81, eighteen Districts in
Maharashtra were affected by the scarcity. Further labour attendance at the works taken up under the Scheme
is increasing and the situation is likely to aggregate to future. In order to take timely and effective steps to
meet the impending situation and to cope up with the growing responsibility, it was necessary to appoint the
President of the State Council and to prescribe the inter se relations and duties between the President and the
Chairman of the Council.- [Mah. Act 51 of 1981.]

The Maharashtra Employment Guarantee Act, 1977 (Mah. XX of 1978) came into force on the 26th January,
1979. It was found necessary to make certain amendments in the Act for conferring certain fringe benefits on
the persons who were employed under the Scheme, for some of which administrative orders have already
been issued from the 3rd March, 1983.

For this purpose, it was proposed to insert a separate section 7A in the Acts in respect of female employed
under the Scheme It provides for grant of permission to remain absent from work and c..... payment towards
maternity and for all persons who undergo approved operation or treatment for birth control and family
planning similar leave ex gratia payment. Section 7(2) (xiv) of the Act provides for free medical treatment and
ex gratia payment for personal injuries due to accidents to persons employed under the Scheme. It was
proposed to extend the benefit of such provision in cases of children, who accompany persons employed. if
they meet with any personal injury or death due to accident. Provision is also being made for granting
necessary ex gratia payments in other like hard cases, on the merits of each case.

Section 12(5) is being amended to make supplemental and consequential amendment. The Act seeks to
achieve these objects.- Mah. Act 47 of 1983.]

Introduction.-

The period after 1947, witnessed certain changes in the agricultural system as well as techniques of
agricultural production. Though the legal measures like abolition of Zamindari system, Khoti and Watan and
Inam system came into existence, it did not affect the land tenure system and land holding fundamentally.
Along with these changes, high yielding variety of seeds (H.Y.V.) coupled with surface irrigation marked the
advent of Green Revolution. During 1962-67 period, the food production - particularly grains, increased
considerably in the country as well as in the Maharashtra State. When, apparently, growth-rate targets of food
grains were achieved, the Government of Maharashtra deleted the term 'famine' from the laws applicable to
the State, thereby absolving itself from the responsibility of the compulsory relief measures to be provided
under old British Famine Code.

But the inherent contradictions in the Green Revolution of 1962-67 period were sharpened by 1967. There was
a Great Drought in two-third States of the country and the Maharashtra State was one of them.

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Knowing fully well the economic, political and social implications of such contradictions between beneficiaries
the big peasants and non-beneficiaries of the H.Y.V. era, the landless and agricultural workers, V.S. Page, Ex-
Speaker of the Maharashtra Assembly formulated a pilot Scheme known as 'Page Scheme'. The purpose was
to reduce the tensions in the rural areas and to alleviate the acute problems of landless and agricultural
labourers particularly, and the middle peasants generally during the period of scarcity, drought or famine. The
Scheme was implemented in one selected village from 5 Integrated Area Development Blocks comprising of 95
villages on an experimental basis, for a period of 3 months in 1969. By 1971-72 period the Scheme came into
operation into full form. But again in 1972, there was Great Drought and nearly twenty-three thousand
villages were affected by both water and food shortage. The Scheme was suspended for 1972-74 period.
Realising the "grave danger" that rural unemployment poses to the national economy, the State Government
decided to implement E.G.S. on the State level as a policy-decision in December, 1974.

Objectives.-

The State has given guarantee to provide employment in manual work (gainful to the individual and
productive to the community) to all unskilled persons in the rural and 'C' class municipal areas who are in need
and desirous of rendering manual work but cannot find it anywhere.

How Scheme operates.-

Only labour intensive work of productive nature which create durable community, assets are taken up under
the Scheme namely :-

1. Irrigation (except major irrigation work).

2. Soil Conservation and Land Development.

3. Afforestation.

4. Road Works in Hilly and Adiwasi Areas.

5. 'C class municipal area.

Work-post.-

The guarantee of employment is given at district level and operationally effective at Panchayat Samiti level as
far as possible and attempt will be made to provide the work within the radius of 5 km. from the residence of
the job-seeking worker.

_______________

1. For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1977. Part V, Extra, p. 179.

Section 1 - Short title, extent and commencement

(1) This Act may be called the Maharashtra Employment Guarantee Act, 1977.

(2) It extends to the whole of rural areas of the State of Maharashtra.

(3) It shall come into force in all the areas to which it extends on such date* as the State Government may,
by notification in the Official Gazette, appoint.

Clarifications and instructions in regard to the implementation of the E.G.S.

RESOLUTION

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G. R., P. D., No. EGS. 1075/EMP-EGS(i), dated the 29th November, 1975

During the course of the implementation of the Employment Guarantee Scheme, a number of points have
come to the notice of Government which need to be clarified. It is difficult to visualise of various difficulties in
the different districts and it is also not possible to issue general orders in the matter prescribing any rules.
However, it is felt that some broad guidelines may be worked out and adopted in the matter by all the
Collectors on the Employment Guarantee Scheme for its uniform implementation in all the districts.
Accordingly the following broad guidelines are issued for the guidance of all the Collectors who may follow
them uniformly in the course of implementation of Employment Guarantee Scheme works.

2. The Employment Guarantee Scheme intends to provide work to a person, who asks for the same, within 15
days of his demand. If the Village Panchayat is not able to provide him local employment, the Collectors are
directed to see that suitable instructions are issued for giving employment to such persons at the block level in
the first instance or if not possible, at least on any other work in the adjoining.

3. The Collectors have been given full authority for allotting the work to the various implementing agencies. It
is not open to the officers of any department to refuse the allotment of work given by the Collector. In this
regard attention is invited to the instructions issued by the Chief Secretary under Government Circular,
Planning Department, No. EGS. 1075/21943-EMP-EGS, dated the 6th October, 1975.

4. Payment of compensation from Employment Guarantee Scheme for lands taken for roads, production tanks
etc., is not permissible. There are also instances where although lands have been given for the percolation
tanks or such other works, considerable time is taken for payment of compensation. Sometimes delay takes
place and cases are pending for years. This acts as a disincentive to people who refuse to give up land for
taking productive works. As a result, the guarantee of employment cannot be fulfilled or there is possibility of
unproductive works being taken up. In order to avoid the recurrence of such cases and to help the
Employment Guarantee Scheme proceed smoothly, the Collectors are directed that in the preparation of blue
prints, budget for the works provision should be included for the payment of compensation within a reasonable
period from the departmental funds itself.

Clarifications and instructions in regard to the implementation of E.G.S.

RESOLUTION

G. R., P. D., No. EGS. 1075/EMP-EGS(ii), dated 29th November,

The Legislature has appointed a Committee of both the Houses under the Chairmanship of Shri P. K. Sawant to
assess and examine the Employment Guarantee Scheme to find out the deficiencies and short comings if any,
and to suggest measures to remove them. The Committee had recently visited the two districts, namely :
Dhulia and Sholapur. In the light of the suggestions made by the Committee Government is pleased to issue
the following instructions :

2. Often complaints are received from the labourers as also from the social workers in the area that
wages under Employment Guarantee Scheme are not properly and promptly paid. Allegations, are
made about short payment or wrong payment to the workers. Government has already issued clear
instructions in regard to the payment of wages under Government Resolution, Planning Department,
No. EGS. 1057/P-4, dated the 14th February, 1975 under which schedule of rates for payment of
wages under various works taken up under the Employment Guarantee Scheme has been appended. It
also clearly indicates how the wage rates are to be fixed and the manner of payment of wages. The
same may be scrupulously followed by all the implementing agencies and all complaints about payment
of wages are removed.

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3. Similarly, it is suggested that a Board should be displayed at all the works in progress under the
Employment Guarantee Scheme indicating broadly the method of calculation of wages, so that it should
be possible for all the workers to know and verify about the manner of payment of wages that is being
followed by Government. This is intended particularly to avoid complaint or allegation about the wrong
payment under Employment Guarantee Scheme.

4. The Board displayed at the work should also indicate the exact specification and the method of
calculation of 1 brass of metal or 1 cubic meter of earth work and the specimen example should be
worked out and written down on the said Board for the information of the workers. It should be also
seen that all officers in charge of the implementation of Employment Guarantee Scheme works follow
the said uniform practice at all the works. If it is inconvenient or unwieldy to put down this information
on a board it might be written in a strong and durable note book which should be available for
inspection by all Inspecting Officers.

5. Instructions have already been issued by Government that it is the responsibility of the
implementing agencies to see that instruments/ implements used by the workers on Employment
Guarantee Scheme are supplied by the Government free of charge from the stocks already available,
vide Government Resolution, Planning Department No. EGS-1075/ 980/75/P-4, dated the 11th June,
1975. The Collectors of the districts are again requested to bring the correct position to the notice of all
the implementing agencies under the Employment Guarantee Scheme and ensure that the instructions
of Government are duly followed on all the works under Employment Guarantee Scheme, so that no
hardships are caused to the workers on Employment Guarantee Scheme, with regard to the supply of
implements. Similarly, it is intended that charges for sharpening of such instruments provided by
Government to the various workers are also borne by Government only. Hence, care should be taken
to sharpen these instruments periodically at Government cost. Collectors are again advised to follow
these instructions scrupulously on all the works.

6. It was noticed that the Employment Guarantee Scheme works are sometimes concentrated in some
talukas. It is feared that this might lead to imbalances within the district itself and also create pockets
of abject poverty in certain areas. Collectors are directed to ensure that this tendency to concentrate
the works in certain areas should be avoided and care should be taken for this purpose while preparing
the blue prints and sanctioning the works under the Employment Guarantee Scheme. The Collector
should issue suitable instructions to the subordinate officer while preparing the blue prints or the
various talukas. Steps should thus be taken to provide for a fair dispersal of works.

7. It was noticed that among the workers, there are educated persons working as labourers on the
Employment Guarantee Scheme works. The Collectors are directed to see as far as is practicable that
efforts are made to utilise the services of such persons for more intelligent work like Mukadam,
measurement clerks, muster clerks etc.

Whenever work under the Employment Guarantee Scheme is about to reach a completion point, advance
intimation should be given to the implementing agencies in the other adjoining areas, indicating the likely
surplus labourers that may be available for or required to be given work after completion of the existing work
on them. This is intended to ensure that there is no unreasonable period of break in the provision of employ-
ment of work to the labourers. If these labourers are not likely to be absorbed on the adjoining works, it
should be seen that new works are immediately initiated with a view to providing employment to the workers
who will become unemployed on account of the closure of the work. The Collectors are advised to draw up
continuous works programme in maintaining the continuity of work to be provided to the labourers and initiate
new works in due course.

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_______________

* 26th January, 1979, vide G. N., P. D., No. EGS. 1077/87/EMP-5, dated 25th January, 1979.

Section 2 - Definitions

In this Act, unless the context otherwise requires, -

(a) "adult person" means a person who has attained the age of eighteen years;

1[(a-l) "Central Act" means the National Rural Employment Guarantee Act, 2005 (42 of 2005);

(a-2) "Central Council" means the Central Employment Guarantee Council constituted under sub-section (1) of
section 10 of the Central Act;]

NOTES

Whether minor person can be employed on E.G.S.-

In exceptional cases, where there is no earning adult member in a family, a minor of the age between 15 and
18 can be employed on E.G.S. and will be paid on the basis of quantity of the work done.

(b) "the Committee" means the District Level Committee, or, as the case may be, the Panchayat Samiti Level
Committee, constituted under section 5;

2[(c) * * *]

(d) "implementing agency" includes any Department of the State Government, the Zilla Parishad, any other
local authority or State Government Undertaking, which is entrusted by the State Government with the task of
implementing any works taken up under the Scheme;

CIRCULAR

Execution of Minor Irrigation Works under E.G.S. through Labour Co-operative Societies

G. L., P. D., No. EGS-1075/2575/P-4, dated the 28th April, 1975, addressed to the Collector, Parbhani and
endorsed to other Collectors

I am directed to refer to your letter No. 75/EGS/B/WS/77, dated 7th February, 1975 on the subject mentioned
above and to state that according to the orders of Government issued under G. R., P. D., No. EGS. 1074/
3616/P-4, dated 20th September, 1974 read with the G. R.,P. D., No. EGS.1075/P-4, dated 14th February,
1975, the works under the Employment Guarantee Scheme are necessarily executed departmentally and not
through contractors. An exception is made only for gorge filling or waste-weir component of works where
skilled labour is required to be employed. There is, therefore, no objection to entrusting on a piece rate system
only such skilled portions of EGS work to co-operative societies of local labour, if considered feasible by the
Collector.

(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;

3[(e-l) "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 (11 of 1948);]

(f) "Panchayat Samiti area" includes any "C" class municipal area;

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(g) "Panchayat Samiti Level Officer" or "Samiti Officer" means the person not below the rank of Tahsildar or
Block Development Officer, appointed under section 10 by the State Government for the implementation of the
Scheme in the area of Panchayat Samiti concerned;

(h) "productive works" means any works which, in the opinion of the State Government, will directly or indi-
rectly contribute to the increase of production, or the absence of which will inhibit the increase of production;

NOTES

The term 'productive work' -

Types of productive work.- For example, minor irrigation works, percolation tanks, storage tanks, deepening of
partially dug community wells upto 40 feet deep, contour-bunding, terracing, nalla-bunding and grading, nalla-
training, anti-water logging and water training, drains and distributary canals, field channels, trenches and
afforestation, desilting of Malguzari Tanks which are not purely private, water drainage scheme to remove
sanitation etc.

Conditions on preparing Blue-print for E.G.S.-

Only labour intensive works of a productive nature which create durable community assets should be included
in the blue prints of works.

'Labour intensive work' are those works which have a ratio of wages of unskilled labour to equipment,
materials, supervision charges, costs of masons, carpenters and other skilled workers etc., at 60 : 40 or
higher.

Size of work.-

Generally small items of work are discouraged. The Booklet on Guidelines to E.G.S. suggests that the size of
work should be such as can be completed within one or two seasons.

Conditions for starting E.G.S. works.-

For initiating the E.G.S. work, the authorities are required to see following conditions :

1. (a) The full requirement of labour on various farm operations and other allied activities in the
rural areas are met. So that agricultural operations - ploughing, sowing, weeding and harvesting,
sifting etc., are not affected in the plain areas and Tendu-leaves plucking in the forest areas.

(b) E.G.S. labour is deployed to the existing plan or non-plan construction works within the
Panchayat Samiti area or in the adjoining Panchayat Samiti area wherever possible.

(c) When employment potential of existing works is in progress or an incomplete productive


work, is exhausted.

After fulfilling these conditions, the authorities may commence the E.G.S. work. Intention seemed to leave the
big farmers' and middle peasants' agricultural work unhampered. Also, employment on E.G.S. should not
divert the man-power from on going farm operations and should not be contributing factor in increasing wage-
rate of farm activities of the labourers.

2. The E.G.S. work can be commenced only when there are 50 or more persons requiring to be
absorbed after deployment as stated above. If less then 50 persons come forward to work under
E.G.S., they should be absorbed in the on-going works elsewhere.

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3. The Government has issued the directives that in no case should the guarantee of work secured to
the labourers as also the principle of the minimum agricultural wage adopted by the Government be
violated and that the Collectors should hold the balance between these two aspects so that neither is
affected in actual operation.

4. The work was done through Government Department initially but now the departments are giving
the work through private contractors.

5. No choice of work to the E.G.S. workers, they have to accept what is offered.

(i) "prescribed" means prescribed by rules made under this Act;

(j) "rural areas" means all the areas of the State of Maharashtra, except those for which a
Municipal Corporation or Cantonment Board was established or constituted under any law for
the time being in force, or those which were classified as 'A' or 'B' class municipal areas under
the Maharashtra Municipalities Act, 1965, on the date of the passing of this Act; and any area,
which after the passing of this Act comes to be included within the limits of a Municipal
Corporation or Cantonment Board or an 'A' or 'B' class Municipal Council shall cease to be a
rural area, from the date of such inclusion;

(k) "Scheme" means the Employment Guarantee Scheme prepared and published under section
7 and for the time being in force.

4[(l) "State Council" means the Maharashtra State Employment Guarantee Council constituted

under section 4;

(m) "Unskiled Manual Work" means any physical work which only adult person is capable of
doing without any skill or special training;

(n) "wage rate" means the wage rate referred to in section 7.]

_______________

1. Clauses (a-1) and (a-2) were inserted by Mah. 51 of 2006, Section 2(a).

2. Clause (c) was deleted by Mah. 27 of 1991, Section 2.

3. Clause (e-1) was inserted by Mah. 51 of 2006, Section 2(b).

4. Clauses (1), m) and (n) were inserted by Mah. 51 of 2006, Section 2(c).

Section 3 - Guarantee of employment to adult persons in rural areas

Every adult person in the rural areas in Maharashtra shall have a right to work, that is, a right to get
guaranteed employment for doing unskilled manual work and to receive wages therefor weekly or in any case
not later than a fortnight, in accordance with the provisions of this Act and the Scheme made thereunder.

1[* * *]

NOTES

Failure to fulfill the guarantee of job.-

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(a) A registered E.G.S. worker can apply for dole or allowance for Re. 1 per day from the Government,
also disabled, minor dependent and aged may get such allowance.

(b) See Rule 9.

(c) Procedure for payment of the unemployment allowance - See G.R., P.D., No. EGS. 1078/84/EMP/IV,
dt. 26.7.1978.

Non-provisions of jobs : No legal remedy.- It does not involve a legal remedy for payment of compensation in
favour of seekers of jobs.- G.R., P.D., No. EGS. 1075/P-4, dated 14.2.1975.

Increase in the Allowance : Judicial Revision.- As an ad hoc measure Rs. 2/- per day for adults was held to be
reasonable unemployment allowance.- Ahmednagar Zilla Shet Majoor Union v. State of Maharashtra, 1985
Mah. L. J. 318 : 1985 (2) Bom. C. R. 18.

Wages and Payment of wages.

1. Wages -

Minimum Rates of payment to E.G.S. workers.- (between 1972-81) Unit rates of payments under the
Employment Guarantee Scheme G. R.. G.A.D., No. EGS-1672/P-1/FD, dated the 2nd May, 1972. Read :
G. R., G.A.D., No. FD/EGS-1072/P-1, dated the 28th March, 1972

RESOLUTION

Read.-G. R., G.A.D., No. FD/EGS-1072/P-1, dated 28th March, 1972.It will be recalled that at the Conference
of Collectors, Chief Executive Officers and other officers held under the Chairmanship of the Chief Minister at
Bombay on 28th April, 1972, it was mentioned that a firm indication on the level of wages for manual work
done under the Employment Guarantee Scheme will be supplied to District Collectors, Chief Executive Officers,
Tahsildars and Block Development Officers within a few days. Having regard to (i) the off-season agricultural
wages, (ii) the level of wages under the scarcity works programme, and (iii) the Soil Conservation, the
Buildings and Communications Department and the Irrigation and Power Department wage levels for field
labour engaged in heavy and light work, and above all, (iv) the imperative requirement that the level of wages
for work under the Employment Guarantee Scheme should not result in a diversion of labour from normal farm
activities or other activities in which the labourers are already employed, Government is pleased to approve
the unit rates of payment as shown in Annexure to this Resolution for excavation of soil, earthwork involved in
soil conservation, irrigation tanks and road works. It should be noted by all implementing agencies and officers
that the payment will be made at the levels indicated in the Annexure on the basis of actual measurement of
the quantity and quality of work performed by each employed person; the payment will be effected on a
weekly basis; and the wages will be disbursed to each individual worker and not to a group leader or a team
leader.

2. The levels of wages for the excavation on the digging of wells is being examined and will be communicated
shortly to the field officers.

Accompaniment to G.R., G.A.D., No. EGS. 1672-P-l/FD, dated the 2nd May, 1972

ANNEXURE

Statement showing the rates of excavation to soil and murum for contour/graded bunding works to be
paid under the Employment Guarantee Scheme

(A) Excavation of Soil Conservation type :

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Sr.No. Soil Type Rate per Rate per Depth centimetre Lead
cubic meter brass metre

           

    Rs. P. Rs. P.    

1. A-I 0.70 2.10 7.5 and less 7.5

2. A-II 0.80 2.40 7.5 to 20 7.5

3. A-III 0.90 2.70 Over 20.0 7.5


centimetres

4. A-1V 1.10 3.30 From scraped 7.5


surface or
naturally
exposed murum
surface.

(B) Excavation for Road Works :

Sr.No. Road Works Rate per cubic Lift Lead  


foot upto upto
1.5 50
metres metres
per
brass

    Rs. P. Rs. P.    

1. Earthwork in soil 0.90 2.50 Upto 50 metres


and murum 1.5
including metres
sectioning and
dressing.

2. Earthwork in 1.25 3.50 Do. Do.


hard murum
and boulders
including
sectioning and
dressing.

Rates of payments under the E.G.S.

RESOLUTION

G. R., G.A.D., No. EGS-1672/P-I/FD, dated the 21st June. 1972

Read.-

(i) G. R., G.A.D., No. FD/EGS-1072/P-I, dated 28th March, 1972.

(ii) G. R.,G.A.D., No. EGS-1672/P-I/FD, dated 2nd May, 1972.

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Under Government Resolution of 28th March, 1972, it was contemplated inter alia that each District
Employment Guarantee Committee would fix the level of wages to be paid in consultation with technical
officers of the Department concerned, so that in no case the rate is higher than the prevailing agricultural
wage. However, arising from the Collector's Conference held at Bombay on the 28th April, 1972, fixed rates of
wages for certain categories of works were prescribed under Government Resolution, General Administration
Department, No. EGS. 1672/P-I/FD, dated 2nd May, 1972.

2. The working of the Employment Guarantee Scheme particularly with reference of the wages earned has
been reviewed. It has been represented that the rates of wages prescribed in the Government Resolution of
2nd May, 1972, do not cover the various categories of works. It is further observed that in certain districts
works under the Employment Guarantee Scheme have been started while there was still scope for absorption
of labour on normal sanctioned works under various schemes. Representations have also been received that a
uniform rate of wage throughout the State is not feasible in view of the differing levels of agricultural wages
and the different schedules of rates for normal works.

3. Taking all factors into account, it is directed that the rates of wages for each of the various categories of
works undertaken under the Employment Guarantee Scheme shall be fixed by the District Employment
Guarantee Committee from time to time, in consultation with Technical Officers of the Department concerned
and shall be so determined as to exceed neither (a) nor (b) below :-

(a) The rate of wages shall be so determined that an adult male worker working diligently for 8 hours a
day does not earn more than the prevailing agricultural wage or Rs. 3 a day whichever is less;

(b) The rate of wages shall also not exceed -

(i) 90 per cent. of the scheduled rate of the soil conservation section of the Agriculture
Department in respect of the soil conservation works;

(ii) 70 per cent. of the scheduled rate of the Buildings and Communications Department in
respect of road works; and

(iii) 80 per cent. of the schedule rate of the Department concerned in respect of the remaining
works.

4. Government desires again to reiterate the following basic concepts underlying the Employment Guarantee
Scheme :-

(i) Works should not be undertaken under the Employment Guarantee Scheme so long as works under
any of the various normal schemes-Plan Schemes, Non-Plan Schemes, Local Sector Schemes and
Village Employment Schemes are available for execution.

(ii) Works under the Scheme should not be undertaken where the likely effect thereof is to divert
labour from agriculture or other normal avocation in which they may be employed.

(iii) Payment to each worker must be made according to the quantity and quality of work actually done
by him calculated on the basis of piece-rates determined by the District Employment Guarantee
Committee from time to time with a view to achieve the declared objectives, but not exceeding in any
case the rates mentioned in para 3 above.

5. In view of the large number of road works which have been undertaken under the various schemes,
including scarcity works, over a period of years and also keeping in view the fact that many of these road
works have neither been consolidated nor brought to a safe stage, and further taking into account the
considerable cost involved in the completion and the maintenance of these road works, Government is pleased

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to direct that no new road works should be undertaken under the Employment Guarantee Scheme without
prior orders of Government.

6. These orders shall come into force with immediate effect :

Provided that, where the rates of wages actually paid since 1st May, 1972 are lower than what would
have been payable if these orders had then been in force and it is feasible to locate the workers, the
present orders will be applied retrospectively with effect from 1st May, 1972 and the difference paid to
the workers.

Wages rates under the Employment Guarantee Scheme

D. O., P. D., No. EGS-1075/850/P-4, dated the 24th February, 1975

It has been pointed out to Government that there has been some misunderstanding about the wages payable
to workers on the gorge filling and waste weir component of percolation tanks which are executed on the basis
of piece-rate system under the Employment Guarantee Scheme, in accordance with para 11 of Government
Resolution No. EGS. 1074/3616/ P-4, dated 20th September, 1974. It is clarified that the task schedule of
rates prescribed under the Employment Guarantee Scheme applies only to unskilled labour and not to skilled
labour whether employed under the piece-rate system for gorge filling and waste weir components of
percolation tanks or on other works departmentally executed on muster roll.

Revision of Schedule of wage rates for E.G.S.

G. R., P. D., No. EGS-1075/EMP-EGS, dated the 3rd March, 1976

Read.-

(1) G. R., P. D., No. EGS-1074/3616/P-4, dated 20th September, 1974.

(2) G.R.,P. D., No. EGS-1075/P-4, dated 14th February, 1975.

(3) G. R., P. D., No. EGS-1075/EMP-EGS, dated 21st January, 1976.

RESOLUTION

In supersession of the orders issued in paragraph 8 of Government Resolution, Planning Department, No. EGS.
1075/EMP-EGS, dated 21st January, 1976, Government is pleased to revise the schedule of rates appended to
Government Resolution, Planning Department, No. EGS-1075/P-4, dated 14th February, 1975 and to direct
that the wages to the labourers on the Employment Guarantee Scheme works should be paid in full (i.e.,
without effecting any deduction towards the reserve) in accordance with the revised schedule of rates annexed
to this Resolution (printed as an accompaniment to this Government Resolution).

2. The revised schedule of rates should be made applicable with effect from 1st March, 1976. The revised
schedule of rates should also be applied to wages which became due for payment on or after the 1st March,
1976 but have not already been paid.

3. Orders regarding revised wage rates for soil conservation and afforestation works which are not included in
the revised schedule of rates would be issued in due course.

4. This Resolution issues with the concurrence of Finance Department vide unofficial reference No.
709/76/RES-2, dated 5th February, 1976.

Accompaniment to G. R., P. D., No. EGS-1075/EMP-EGS, dated the 3rd March, 1976

ANNEXURE
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Revised Schedule of rates for works undertaken under Employment Guarantee Scheme

Sr.No Item Task in Revised


cu. m. rates
applicable
from
1.3.76
per cu.
m.

(1) (2) (3) (4)

      Rs. P.

1. Excavation in soil and soft murum including 1.50 2.00


dressing section to the required grades, camber,
and side-slopes and depositing the excavated
material within a reduced lead of 35 metres.

2. Excavation in hard murum including dressing 1.00 3.00


section to the required grades, cambers and
side-slopes and depositing the excavated
material within a reduced lead of 35 metres.

3. Excavation in hard murum and boulder including 0.70 4.25


dressing section to the required grades, camber
and side-slopes and depositing the excavated
material within a reduced lead of 35 metres.

4. Excavation in soft rock including dressing 0.35 8.75


section to the required grades, camber and
side-slopes and depositing the excavated
material within a reduced lead of 35 metres.

5. Providing earth work in embarkment in soil and 1.15 2.60


murum from cutting in borrow pits laying
breaking clods, dressing to required line, curves,
grade and section as directed within a reduced
lead of 35 metres (excluding consolidation and
watering).

6. Providing earth work in embankment in hard 0.85 3.60


murum from cutting or borrow pits laying,
breaking clods, dressing to required line, curves,
grade and section as directed within a reduced
lead of 35 metres (excluding consolidation and
watering).

7. Removal of blasted rock (mucking) including 0.50 6.00


conveying upto a reduced lead of 35 metres
breaking stones not requiring secondary
blasting, clearing blasted area and exposed
surfaces, etc.

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8. Extra for additional reduced lead of 15 metres. ... 0.35

9. Supplying and stacking hard murum with a 1.00 3.00


reduced lead of 35 metres.

10. Spreading hard murum/soft murum/gravel/ 3.40 0.90


sand as required including conveying material
from stacks, sectioning complete.

11. Collecting including breaking from surface 0.85 3.60


and/or digging into ground rubble 6" to 9" size
at quarry including stacking (without blasting).

12. Collecting including breaking, from surface 0.70 4.25


and/or digging into ground rubble 3 inches to 4
inches size at quarry including stacking '
(without blasting).

13. Breaking oversize metal 3 inches to 4 inches 1.15 2.60


size from 6 inches to 9 inches size rubble
already collected including stacking or filling
pharas.

14. Breaking standard size (1-1/2 inch to 2 inches) 0.40 7.50


metal from 6 inches to 9 inches rubble already
collected including stacking or filling pharas.

15. Stacking metal, murum, sand, gravel, to 5.00 0.60


specified dimensions.

  (b) Charges for transporting materials by cart    


including loading and unloading and stacking for
different lead.

  (1) Upto 1 Km.   2.40

  (2) Above 1 Km. and upto 1.5 Km.   5.50

  (3) Above 1.5 Km. and upto 3 Km.   8.40

Note.-Reduced lead is worked out as actual horizontal lead plus 12.5 times the vertical lift.

2. Grains as a partial payment of wages.-

Not Printed

3. Schedule of wage rates.-

Not Printed

Schedule of wage rates under Employment Guarantee Scheme G. R., P. D., No. EGS-1681/27/D-37, dated
the 22nd April, 1981

Read.-G. R., P. D., No. EGS-1679/44/EMP-5, dated 27th September, 1979. G. R., P. D., No. EGS-
1681/3/Desk-37, dated 31st January, 1981.

RESOLUTION

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The schedule of rates for wages payable to the labourers engaged on the Employment Guarantee Scheme
Works was prescribed under Government Resolution, dated 27th September, 1979 referred to above. In
paragraph 4 of the said Resolution, it was directed that the wage rates for soil conservation and afforestation
works which are not included in the schedule of rates should be paid in accordance with the existing schedule
of rates for such works, prescribed by the Agriculture and Co-operation Department and Revenue and Forests
Department respectively.

2. Section 7(2)(vi) and (vii) of the Maharashtra Employment Guarantee Act, 1977 lays down that the wages of
the labourers working on the works taken up under the Employment Guarantee Scheme shall be directly linked
with the quality and quantity of work done and the wages shall be paid according to the schedule of rates
which shall be fixed for different types of works from time to time and further that the schedule of rates shall
be so fixed that a person working diligently for 7 hours a day should normally get a total wage equal to the
minimum wage for agricultural labourer for the lowest zone fixed by the State Government. So far uniform
schedule of rates for wages was adopted for the entire State, in respect of irrigation and road works under the
Employment Guarantee Scheme, but, in the case of soil conservation and other measures of land development
and works under the forest sector taken up under the Employment Guarantee Scheme, wages were regulated
according to the respective departmental schedules of rates. The different departmental wage schedules for
different regions, resulted in variance in the total wages earned by the labourers on different types of works in
different regions. This necessitated formulation of a unified schedule of rates for all works taken up under the
Employment Guarantee Scheme.

3. Government had, therefore, appointed a Study Group to examine the existing wage schedule of the
Employment Guarantee Scheme and also the departmental wage schedules adopted for different types of
works taken up under the Employment Guarantee Scheme and to recommend a unified schedule of rates for
different types of works taken up under the Employment Guarantee Scheme.

4. The Study Group examined the schedule of rates under the Employment Guarantee Scheme and also under
the soil conservation and afforestation programmes, the earnings earned by the labourers on different types of
works, the items of works for which rates were not available and the items in respect of which measurement
of out-put is not feasible. The Study Group also examined the physical capacity of the labourers in different
areas in the State. The Study Group observed that the work out-turn of the labourers despite diligent work is
generally less in hilly and tribal areas as compared to other areas, mainly on account of nutritional deficiency
and the time and exertion involved in negotiating the distance from the residence to the worksite due to hilly
and difficult terrain. The Study Group therefore recommended that task expected to be performed by the
labourers in tribal and hilly areas should be assumed 15 per cent. less as compared to other areas, and
accordingly separate schedule of rates should be devised for such areas. After examining various aspects the
Study Group recommended a unified schedule of rates for all types of works under Employment Guarantee
Scheme based on the existing minimum wage of Rs. 4 per day for agricultural labour in the lowest zone,
separately for hilly/tribal areas and other areas.

5. The recommendations made by the Study Group regarding unified schedule of rates for payment of wages
under the Employment Guarantee Scheme have been carefully examined by the Government. Government is
now pleased to prescribe the unified revised schedule of rates for tribal/ hilly areas and other areas as shown
in Annexure-I to this Government Resolution and to direct that the wages payable to the labourers engaged on
the different types of Employment Guarantee Scheme works should be calculated on the basis of the said
schedule of rates. The tribal/hilly areas are shown in Annexure-II to this Government Resolution.

6. Government is also pleased to direct that for the purpose of calculating wages on the basis of the unified
revised schedule of rates, the method of taking measurement on borrow pit should be adopted on all types of
works.

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7. The orders regarding distribution of foodgrains as a part of wages with effect from 27th April, 1981 have
been issued separately, vide Government Resolution No. EGS-2081/26/Desk-37, dated the 20th April, 1981.

8. The hire and sharpening charges approved under Government Resolution No. EGS-1081/278/D-33, dated
the 26th March, 1981 are payable to the labourers engaged on Employment Guarantee Scheme Works, in
addition to the wages calculated on the basis of schedule of rates approved in this Government Resolution.

9. These orders shall come into force with effect from 27th April, 1981 i.e., the musters starting on or after
27th April, 1981 should be given the benefit of these orders.

10. This Resolution issues with the concurrence of the Public Works Department, Irrigation Department, the
Agricultural and Co-operation Department, the Revenue and Forests Department and Finance Department,
vide Finance Department's u.o.r. No. 851/EXP-ll, dated the 18th April, 1981.

Accompaniment to G. R., P. D., No. EGS. 1681/27/Desk-37, dated 22nd April, 1981

ANNEXURE-I

PART-A

Unified Schedule of wage rates applicable to all types of works under the Employment Guarantee Scheme

Sr.No. Item Unit Rate per unit

      Tribal/Hilly Other
Areas Areas

(1) (2) (3) (4) (5)

1. Excavation in soil and soft murum, cu.m. 2.05 1.80*


soft murum not more than 50%
and depositing the excavated
material as directed within lead of
10 metres and lift upto 1 metre.

2. Excavation in soil and soft murum, cu.m.. 2.40 2.10


soft murum more than 50% and
depositing the excavated material
as directed within a lead of 10
metres and lift upto 1 metre.

3. Excavation in hard murum and de- cu.m. 4.15 3.60


positing the excavated material as
directed within a lead of 10 metres
and lift upto 1 metre.

4. Excavation in hard murum and cu.m. 6.00 5.20


boulders with boulders not more
than 50% and depositing the
excavated material as directed
within a lead of 10 metres and lift
upto 1 metre.

5. Excavation in hard murum and cu.m. 8.75 7.60


boulders with boulders more than

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50% and depositing the excavated


material as directed within a lead
of 10 metres and lift upto 1 metre.

6. Excavation in hard man Soil and cu.m. 9.20 8.00


depositing the excavated material
as directed within a lead of 10
metres and lift upto 1 metre.

7. Excavation in soft rocks and cu.m. 11.50 10.00


depositing the excavated material
as directed within a lead of 10
metres and lift upto 1 metre.

8. Excavation in laterite-rocks and cu.m. 14.95 13.00


depositing the excavated material
as directed within a lead of 10
metres and lift of 1 metre.

9. Excavation in hard rock, including cu.m. 16.10 14.00


manjra rock, with blasting,
including cost of drilling holes,
blasting operation (excluding the
cost of blasting material).

10. Excavation in moist soil including cu.m. 2.90 2.50


dressing section to the required
grades and side slopes and
depositing the excavated material
within a lead of 10 metres and lift
of 1 metre.

11. Excavation of extreme moist soil cu.m. 4.60 4.00


including dressing section to the
grades and side slopes and
depositing the excavated material
within a lead of 10 metres and lift
of 1 metre.

12. Extra for additional lead for all      


sorts of soils by head load only.
Rate for every additional lead of 10
metres and part thereof.

  Sr.No. Lead in Metres cu.m. 0.40 0.35

1. Beyond 10 upto 50
cu.m. 0.45 0.40
2. Beyond 50 upto 80
cu.m. 0.50 0.45
3. Beyond 80 upto 150

13. Dressing the cutting section to the      


required grades, camber and side

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slopes for :-

  (a) Soil with murum and hard sq.m 0.25 0.20


murum;

  (b) Hard murum with boulders; sq.m 0.45 0.40

  (c) Soft rock/Laterite and /or hard sq.m 1.60 1.40


man;

  (d) Hard rock and/or manjra rock. sq.m 2.30 2.00

14. Dressing the embankment section      


to the required grade camber and
side slopes including spreading and
breaking clods removing shrubs,
roots of grass etc., wherever
necessary for:-

  (a) Soil, soft murum and hard cu.m. 0.25 0.20


murum;

  (b) Hard murum and boulders; cu.m. 0.45 0.40

  (c) Soft rock, laterite and/or hard cu.m. 1.60 1.40


man;

  (d) Hard rock and/or manjra rock. cu.m. 2.30 2.00

15. Removal of blasted rock, including cu.m. 11.50 10.00


breaking stones, not requiring sec-
ondary blasting clearing blasted
area and exposed surfaces
conveying the material upto a lead
of 10 metres and lift up to 1 metre
and stacking as directed.

16. Collecting including breaking from cu.m. 8.05 7.00


surface and /or digging into ground
rubble 15 cm. to 23 cm. (6" to 9"
size) at quarry including stacking
(without blasting)

17. Supplying 15 cm. to 23 cm. (6" to cu.m. 11.50 10.00


9") trap/basalt stone rubble at
quarry, including stacking (by
breaking).

18. Collecting including breaking from cu.m. 17.25 15.00


surface and/or digging into ground
rubble 80 mm. to 100 mm. (3" to
4" size) at quarry including
stacking (without blasting).

19. Supplying 80 mm. to 100 mm. (3" cu.m. 20.70 18.00


to 4") trap/besalt stone metal at

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quarry including stacking (by


breaking).

20. Breaking oversize metal 80 mm. to cu.m. 9.20 8.00


100 mm. (3" to 4") from 15 cm. to
23 cm. (6" to 9") size rubble
already collected including stacking
or filling pharas.

21. Breaking standard size 40 mm. (1- cu.m. 12.65 11.00


1/ 2" to 2") metal from 15 cm. to
23 cm. size (6" to 9") rubble
already collected including stacking
or filling pharas.

22. Supplying and stacking soft murum cu.m. 3.35 2.90


with a lead of 10 metres and lift of
one metre.

23. Supplying and stacking of hard cu.m. 5.05 4.40


murum with a lead of 10 metres
and lift of 1 metre.

24. Supplying and stacking cu.m. 3.35 2.90


sand/gravel with a lead of 10
metres and lift of 1 metres.

25. Breaking of chips from 15 cm. to cu.m. 5.05 4.40


23 cm. (6" to 9") rubble already
collected including stacking up to a
lead of 10 metres and lift of 1
metre.

26. Spreading hard and soft murum/ cu.m. 1.40 1.20


gravel/sand as required including
carrying material from stacks, sec-
tioning etc., complete.

27. Spreading size/oversize metal cu.m. 1.75 1.50


including conveying material from
stacks, sectioning etc., complete.

28. Laying 15 cm. to 23 cm. (6" to 9") cu.m. 2.00 1.75


trap rubble soling including hand
packing with rubble chips complete
(excluding cost of material).

29. Providing rubble filling of trap cu.m. 2.30 2.00


stone, of approved quality in
foundation including hand packing
and filling gravel in the void
complete (excluding cost of
material).

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30. Picking the road surface including sq.m. 0.25 0.20


sectioning etc., complete.

31. Providing dry rubble stone cu.m. 15.35 13.35


masonary complete (labour
charges only).

32. Providing dry rubble wall/mound. cu.m. 5.75 5.00

33. Clearing land width, including cut- sq.m. 0.17 0.15


ting grass, vegetation, bushes,
roots upto 20 cm. girth and
removing the same as directed.

34. Loading charges for all sorts of      


soils including hard rock in -

  (a) Trucks/Tippers cu.m. 1.15 1.00

  (b) Tractor/Trolley cu.m. 0.85 0.75

35. Unloading charges for material all cu.m. 0.60 0.50


sorts of soil including hard rock.

36. Stacking cu.m. 0.90 0.80


metal/murum/sand/gravel etc.. to
the required dimension.

37 Extra for additional lift of 1 meter      


or pit lift of 1 metre rate for every
metre or pari thereof -

  (i) above 1 metre to 5 metres cu.m. 0.60 0.50

  (ii) above 5 metres to 10 metres cu.m. 0.70 0.60

  (iii) above 10 metres cu.m. 0.80 0.70

38. Removal of loose material cu.m. 1.75 1.50


including depositing as directed
within initial lead of 10 metres and
lift of 1 metre.

39. Removal of stamps -      

  (i) 40 cm. to 50 cm. girth Stump 1.75 1.50

  (ii) For every additional 10 cm. Stump 0.35 0.30


girth or part thereof.

40. Removal of Roots -      

  (1) 20 to 30 cms. girth Root 0.12 0.10

  (2) 30 to 60 cms. girth Root 0.70 0.60

  (3) 60 to 90 cms. girth Root 1.40 1.20

  (4) 90 to 180 cms. girth Root 4.60 4.00

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  (5) beyond 180 cms. girth Root 9.20 8.00

41. Filling of trench in drainage cu.m. 2.30 2.00


scheme with soil gravel boulders
and stalks of cotton, jowar, tur
etc., including collecting the same
by uprooting as directed.

42. (a) Watering and compaction with cu.m. 1.15 1.00


hand rammers the core wall of
nalla bunds including cost of trans-
portation of water up to a lead of 1
Km.

  (b) Extra for additional lead Km. and 0.60 0.50


beyond 1 Km. cu.m.

43. Collection of stones, from boulders cu.m. 3.45 3.00


strewn fields and arranging in a
band as directed upto a lead of 30
metres.

44. Cutting brush wood available at      


site, preparing stakes of size 30
cm. to 45 cm. length, sharpening
one end and tieing into bundle of
100 each and storing as directed.

  (a) From brush wood 100 Stakes 1.00 0.85

  (b) From split up bamboo 100 Stakes 0.70 0.60

45. Aligning and staking at 100 Stakes 0.90 0.80


sepacement as directed including
dividing the area into blocks,
bringing stakes from the heap and
fixing the stakes on the ground.

46. Excavation in soils (all sorts) for Rm 0.40 0.35


water absorption trenches 60 cm.
width and 30 cm. depth and in
length as directed including
depositing excavated material
outside the trench as directed.

47. Excavation in soil (all sorts) for "V" Rm 0.08 0.07


shaped furrow, top width 30 cm.
and depth 20 cm. and length as
directed, including depositing
excavated material outside furrow
as directed.

48. Excavation in soil (all sorts) for Trench 1.85 1.60


staggered contour trenches of size

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4 metre length 60 cm. width and


30 cm. depth and depositing
excavated material within a lead of
1 metre as directed.

49. Excavation in soils (all sorts) for Trench/Pit/ 1.45 1.25


digging trench, pit, and water trap Channel
channel of following size and
putting excavated material within 1
metre lead as directed

  (i) pit 60 cm. x 60 cm. x 60 cm.      

  (ii) trench 60 cm. x 30 cm. x 15      


cm.

  (iii) channel 15 cm. x 15 cm. x 15 Rm 0.05 0.04


cm.

50. 'Uralies'- Formation of uralies of Bed 1.55 1.35


size 60 cm. base width and 30 cm.
height (excluding ploughing).

51. Preparing Grass seed Bed of size 8      


metres x 1.75 metres including
excavation in soil (all sorts) to the
depth of 15 cms. breaking of clods,
picking up stones, roots, debris
and levelling the area.

52. Excavation of pits (for planting the      


tree species) in soils (soft soil)
including dressing pits and
depositing the excavated material
within 2 metres lead. Size of pits
(in cm.)-

  1. 30 x 30 x 30 all stratas Pit 0.17 0.15

  2. 45 x 45 x 45 all stratas Do. 0.50 0.45

  3. 60 x 60 x 60 soft strata Do. 0.85 0.75

  4. 60 x 60 x 60 hard strata Do. 1.15 1.00

53. Refilling of trenches as directed Trench 1.25 1.10


with available soil (dug out as per
item 48 above) after removing
boulders and if necessary by
scrapping up hill side of the trench.

54. Refilling of trench pit with Trench/Pit 0.40 0.35


excavated material including
adding manure and mixing as
directed (excluding the cost of

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manure) for pits dug out as per


item 49 above.

55. Refilling the pits from material      


excavated from borrow pit dug out
as per item 52 including adding
manure and mixing as directed
(excluding the cost of manure).-
Size of the pits (in cm.)

  (i) 30 x 30 x 30 Pit 0.06 0.05

  (ii) 45 x 45 x 45 Pit 0.17 0.15

  (iii) 60 x 60 x 60 Do. 0.30 0.25

56. Stump planting within a lead of Plant 0.02 0.02


100 metres.

57. Planting of naked seedling within a Seedling 0.02 0.02


lead of 200 metres.

58. Planting of polythene bag plants      


within a lead upto 200 metres -

  (i) Plant in small bag Plant 0.06 0.05

  (ii) Plant in big bag Do. 0.14 0.12

59. Planting of Agave on T.C.M. nallah Do. 0.03 0.03


bunds as directed including
carriage from central place, with
an average lead upto 200 metres.

60. Tussock planting on 'V shaped fur- 100 plants 0.60 0.50
rows, grass seed bed.

61. Removing weeds in a patch of 1      


metre dia taking plant in the
centre, leaving no vegetation in it
(porka cutting is not included in
this operation) and depositing the
weeded material between two rows
of plants

  (a) Light Density Plant 0.92 0.02

  (b) Moderate Density Do. 0.03 0.03

  (c) Heavy Density Do. 0.06 0.05

Guide for Assessing Density of Weed growth

Assessment criteria are height and density of grass as detailed below:

Sr. No. Grade Height of Density of  


grass grass

1. Light Upto 15 cms. Patch of  

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grass covers
upto 25% of
ground area

2. Moderate 15 to 30 cms. Covers  


between
25% to 50%
of ground
area

3. Heavy 30 to 60 cms. Covers  


between
50% to 75%
of ground
area.

62. Removing the weed on uralies 1/2      


meter on either side of the plants
leaving no vegetation in it and
depositing the weeds as directed.

  (a) Light RM 0.02 0.02

  (b) Moderate RM 0.05 0.04

63. For polythene bag plants :-      

  Erection of thorn fencing with RM 0.12 0.10


available material. Average lead of
about 50 mtrs. (duly cut
supporting with wooden hold fast if
required).

64. Filling of polybags with mixture of      


soil, sand, farmyard manure and
arranging the filled bags on
platform as directed. (Labour
charges only) Size (in cms.) -

  (a) 12-1/2x25 Bag 0.01 0.01

  (b) 20 x 40 Bag 0.02 0.02

*65. Sowing of seed in Polybags as 100 Bags 0.60 0.50


directed

*66. Transferring of seedling from small Do. 1.20 1.00


polybag to bigger one.

*67. Watering to polybags in the      


nursery with rose-cane, by
fetching water within 100 metre
lead. Size (in cms.) of Bags -

  (a) 12-1/2x25 100 Bags 0.06 0.05

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  (b) 20 x 40 Do. 0.12 0.10

68. Watering to polybags in the      


nursery with rose-cane, by
fetching water beyond 100 metres
to 200 metres lead. Size (in cms.)
of Bags -

  (a) 12-1/2x25 100 Bags 0.12 0.10

  (b) 20 x 40 Do. 0.25 0.20

69. For teak plants :-      

  Providing thorn fencing from RM 0.12 0.10


material duly collected (Providing
hold fast if necessary and as
directed).

70. Aligning and formation of beds by      


breaking clods, picking up of stone,
roots, debris and mixing the sand
manure as directed.

  Size (in metre)-12 x 1.25 x 0.30 Bed 4.60 4.00

71. Sowing of teak seed in line 15 cms. Bed 1.15 1.00


apart in bed of 12 metre x 1.25
metre as directed.

72. Weeding nursery bed of size 12m.      


x 1.25 mtr. leaving no vegetation
other than teak plants and
depositing the weeded material as
directed within lead of 100 metre -

  (a) 1st weeding Bed 2.30 2.00

  (b) subsequent weeding Bed 1.15 1.00

73. Uprooting of teak stumps with the 100 stumps 0.45 0.40
help of pickaxe and cutting of roots
when they have gone below 30
cms. and heaping at central place
as directed.

74. Preparation of stumps of thumb Do. 0.45 0.40


thickness and size 20 to 25 cms.
long and making into bundle of
100 as directed.

75. Fencing with thorns duly collected, RM 0.12 0.10


providing hold fast if necessary as
directed.

76. Preparation of sunken bed of size Bed 3.00 2.60

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12 mtr. x 1.25 metre by breaking


clods, picking out stone, debris
roots and mixing manure as
directed.

77. Planting of Agave Bulbi is sunken Bed 1.55 1.35


bed of size 12 mtr. x 1.25 mtr. at
spacing 15 cms. x 15 cms. in rows
of lines or as directed.

78. Watering of bed of size 12 mtr. x Bed 1.55 1.35


1.25 mtr. with rose-cane by
fetching water within lead of 100
metre.

79. Weeding of bed by removing all      


vegetation except the plants in
area of 12 mtr. x 1.25 mtr. and
depositing the weeded material
within a distance of 100 metre as
directed -

  (a) 1st weeding Bed 2.30 2.00

  (b) Subsequent weeding Bed 1.15 1.00

80. Uprooting seedlings from nursery 100 Seedling 0.45 0.40


beds and packing as directed.

81. Aligning, making and stacking Stake 0.30 0.25


including preparation of stakes of 1
metre length from bamboo
(excluding cost of bamboo) and
including tieing the stake seedling
graft as directed.

82. Providing shade for seedling/grafts Seedling graft 1.15 1.00


to mango tree from locally
available material from shrubs
etc., including cutting/chopping
and erecting at site with earthen
support as directed (cost of
material not included).

83. Providing individual fencing around Seedling graft 1.15 1.00


cashew seedling graft including
cutting, chopping, erecting at site
as directed from locally available
material which is generally
available free of cost.

84. Charges for transporting material      


by bullock carts/donkeys etc.,

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including unloading and stacking


for different leads.

Sr. No. Lead      

(1) (2)      

1. Upto 1 Kilometer. cu.m. 5.75 5.00

2. Above 1 Kilometer to 1.5 cu.m. 7.50 6.50


Kilometre.

3. Above 1.5 Kilometre to 2 cu.m. 8.65 VMM


Kilometre.

4. Above 2 Kilometre to 2.5 cu.m. 9.80 8.50


Kilometre.

5. Above 2.5 Kilometer to 3 cu.m. 10.95, 9.50


Kilometre.

85. Charges for hiring a bullock-cart Day 22.00 22.00


including cartman and a pair of
bullocks.

86. Charges for hiring a pair of Day 16.00 16.00


bullocks alongwith a man.

87. Ploughing (cris cross) plough with Hectare 125.00 125.00


one pair of bullocks and one
labourer

Notes.-(A) (i) Cu.m. = Cubic metre,

(ii) Sq.m. = Square metre,

(iii) Rm. = Running metre,

(iv) Km. = Kilo Metre.

(B) Items at Serial Nos. 44 to 83 relate mainly to Afforestation, Social Forestry, Soil Conservation/Land
Development and Horticulture Development Work. However, above rates may be operated for similar
operation under other type of work if required.

(C) Expenditure incurred on items at Serial Nos. 84 to 87 except the wages payable to cart man and persons
engaged on plough/keni (assumed at Rs. 4 per day) should be met from the 40 per cent. component
earmarked for material, supervision charges, skilled items of works etc. In no case expenditure on said items
should be reflected in the muster maintained for the unskilled labourers. Only expenditure on account of
wages due to cartman/plough man (assumed at Rs. 4 per day) should be shown on the muster and be met
from the 60 per cent. component ear-marked for payment of wages to unskilled labour.

(D) Excavation in hard rock with use of blasting powder if permitted to be carried out through unskilled labour
(vide item 9) the expenditure incurred thereon (except the expenditure on use of machinery, blasting powder
etc.) should be met from 60 per cent. component for payment of wages to unskilled labour whenever the item
is executed through EGS labour on muster roll.

PART-B

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Following items of work which cannot be measured should be carried out by engaging persons on daily wages
of Rs. 4 per day :-

(i) Labour required for handling survey equipment fixing and alignment etc.

(ii) Labour required for supplying drinking water to labourers.

(iii) Female labour required for looking after children brought by female labourer on work site.

(iv) Watchman.

(v) Labour required for transporting of tree plants.

(vi) Labour required for other minor works in nursery.

(vii) Labour required for chaining, fixing and white washing of chainnage stones.

(viii) Survey and demarcation, including delination of boundary, creation of small stone chains, etc.

(ix) Preparation of treatment map showing different zones conforming to the different treatments.

(x) Petty soil conservation works including nalla bunding and gully plugging.

(xi) Clearance of remnant busy growth including rab felling, collection of rab material stacking, burning,
restacking and reburning.

(xii) Alignment of WATS, VSFs, Uralies, trenches and pits including selection of sites for trenches and
pits.

(xiii) Aligning and preparing inspection paths in plantation area as directed.

(xiv) Broad casting of grass seed on grass seed beds and uralies and bush sowing etc.

(xv) Fire tracing.

(xvi) Preparation of nursery site for keeping poly bags.

(xvii) Preparation of mixture of sand, soil and manures.

(xviii) Application of chemical fertilizers and insecticides as directed (excluding cost of material).

(xix) Planting seedlings/graft of horticulture trees.

Note.-Wages payable to labourers engaged on daily-wages against above items should be met from 60
per cent. component earmarked for wages of unskilled labour.

ANNEXURE-II

Tribal Sub-Plan (Tribal Sub-Plan and Additional Tribal Sub-Plan) Plus M.A.D.A. Area/Hilly areas

Sr. No. District Tribal Sub-Plan/Hilly Areas

(1) (2) (3)

1. Thane All areas of Mokhada, Shahapur, Murbad, Dahanu, Talasari, Jawhar,


Wada talukas and the tribal sub-plan areas of Palghar, Bassein and
Bhiwandi talukas.

2. Raigad All areas of Karjat, Sudhagad, Mahad, Poladpur talukas and tribal

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sub-plan area of Pen taluka.

3. Ratnagiri All areas of Khed, Chiplun, Sangmeshwar, Lanja, Kankavali, Kudal


and Sawantwadi talukas.

4. Nashik All areas of Baglan, Kalvan, Surgana, Dindori, Peint, Nashik and
Igatpuri talukas.

5. Dhule All areas of Sakri, Taloda, Akkalkuwa, Akrani, Nawapur talukas and
the tribal sub-plan areas of Nandurbar, Shahada and Shirpur
talukas.

6. Jalgaon Tribal sub-plan areas of Chopda, Yaval and Raver talukas.

7. Ahmednagar Tribal sub-plan area of Akola taluka.

8. Pune All areas of Bhor, Velhe, Mulshi, Maval, Khed, Ambegaon, Junnar
and Haveli talukas.

9. Satara All areas of Patan, Jaoli, Wai, Mahabaleshwar talukas.

10. Sangli All areas of Shirala taluka.

11. Kolhapur All areas of Shahuwadi, Bawada, Panchala, Radhanagari,


Bhudargad, Ajra, Chandgad and Karvir talukas.

12. Nanded Tribal sub-plan area of Kinwat taluka.

13. Amravati All areas of Melghat taluka.

14. Nagpur Tribal sub-plan area of Ramtek and Katol talukas.

15. Bhandara Tribal sub-plan area of Gondia and Sakoli Talukas.

16. Yavatmal Tribal sub-plan area of Wani, Kelapur, Yavatmal and Pusad talukas.

17. Chandrapur All areas of Shironcha taluka and tribal sub-plan areas of Gadchiroli,
Rajura, Chandrapur and Brahmapuri.

18. Wardha Tribal sub-plan area of Arvi taluka.

Payment of wages under the E.G.S. G. R., P. D., No. EGS-1077/EMP-III, dated the 19th December, 1977

RESOLUTION

As a result of the strike of the Government employees payment of wages under Employment Guarantee
Scheme is likely to be delayed due to nonavailability of staff for measurement of the work done and
disbursement of wages to the workers. Government has considered the problem and has decided that
wherever due to lack of staff, measurement of work done and therefore payment of wages have been held up
under the Employment Guarantee Scheme, the officers implementing the works under the Scheme should be
authorised to make provisional payment of wages to be calculated as given below :-

(i) The labourers shall be paid per day of attendance at the rate of 80 per cent. of the average daily
wage (for the work as a whole) as per the last paid muster. 80 per cent. amount so calculated may be
rounded off to the nearest ten paise. The implementing officer should, however, satisfy himself that the
total provisional wages paid are more or less commensurate with the work done.

(ii) In case of new works for which no payment has been made earlier, the implementing officer may
make a rough eye estimate of the work done and accordingly assess the average daily wage (for the

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work as a whole) likely to be paid to the workers. 80% of the same (rounded off to the nearest ten
paise) may be paid per day of attendance.

(iii) The provisional payment to be made under (i) and (ii) above should not exceed Rs. 2.40 (i.e., 80%
of Rs. 3.00 which is the average wage expected to be earned per worker) per day per worker.

Wherever it is possible to take the measurement of the work done without delay the same should be done and
full wages paid.

The provisional payment of wages should be adjusted against the future earnings of the individual workers
when the complete measurement of the actual work done is taken later on. While making these provisional
payments, the disbursing officers should be advised to clarify the above position, particularly regarding the
provisional payment and the future adjustment of the wages to the workers and it should also be impressed
upon the workers that both excess or short payment would be later adjusted according to the actual
measurement that may be found in the wages.

The above orders should be suitably brought to the notice of workers under Employment Guarantee Scheme
and they should be clearly and widely circulated throughout the District by all the Collectors.

Increase of wages in kind under the E.G.S.

G. R., P. D., No. EGS-1678/EMP-III, dated the 26th October, 1978

RESOLUTION

The schedule of rates applicable on all works taken up under Employment Guarantee Scheme except soil
conservation, land development and afforestation works was prescribed by the Government vide Government
Resolution, Planning Department, No. EGS-1075/EMP-EGS, dated 3rd March, 1976 read with Government
Resolution, Planning Department, No. EGS-1677/66/EMP-V, dated 27th February, 1978. For the latter
categories of works the department rates will apply when such works are taken up under the Employment
Guarantee Scheme. At present part of the wages payable to the workers engaged on EGS works is paid in kind
i.e. in the form of wheat. For every Rs. 10 or part thereof of the wages earned by a worker during a week, Re.
1 is deducted from the wages and a coupon for 1 kg. of wheat is issued in lieu thereof. The question of
increasing the wages in kind payable to the labourers without increasing the cash deduction made from the
wages has been under the consideration of the Government for some time past.

2. Government have now decided that while the weekly wages payable to the labourers engaged on EGS
works will continue to be worked out on the basis of the existing schedule and the cash component of wages
will continue to be paid at 90 per cent. of the wages so worked out, wheat of the value of 40 per cent. of the
cash component of wages paid should be distributed to the labourers against the cash deduction of only 10 per
cent. of the wages as worked out on the basis of the existing schedule. The cash to be deducted from the
wages and the quantity of wheat for which coupons should be issued against this deduction for different slabs
of the weekly wages earned will be as follows :-

Sr. No. Weekly wages earned on Cash to be deducted Wheat to be


the basis of schedule of from wages supplied
rates

  (Rs.) (Rs.) (Kg.)

1. 3.00 0.30 1

2. 3.01 to 6.00 0.60 2

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3. 6.01 to 10.00 0.90 3

4. 10.01 to 15.00 1.20 4

5. 15.01 to 20.00 1.80 6

6. 20.01 to 30.00 2.40 8

7. Above 30.00 3.00 10

3. The accounting procedure when part of the wages of the labourers employed on EGS works is paid in kind
had been laid down in Government Resolution, Planning Department, No. EGS-2676/566/48/EMP-V, dated
19th January, 1977, according to which the implementing officer should debit the gross amount of wages
payable to the labourer to the Major Head "314-Community Development" and should credit the cash
deducted from wages to the major head" 114-Community Development". Government have now decided that
hereafter the implementing officers should debit only the cash component of the wages payable to the
labourer [i.e., excluding the cash deduction shown above) to the major head "314-Community Develop ment".
This would mean that hereafter the implementing officer will not have to make any credits to major head"
114-Community Development". All the implementing officers should, however, maintain the accounts of wheat
coupons issued by them for every muster for each work.

Illustration.-Assuming that the total weekly wages earned by a worker on the basis of the existing schedule
of rates is Rs. 17, the cash to be deducted from his wages according to the table given above is Rs. 1.80 and
the wheat to be supplied to him is 6 kgs. He should be therefore, given Rs. 15.20 in each and coupons for 6
kgs. of wheat. The implementing officer should debit only Rs. 15.20 to the EGS expenditure head namely,
"314-Community Development".

4. As the quantum of wheat which the labourers will be entitled to has now increased considerably, the
Collectors should ensure that adequate arrangements for distribution of wheat to the labourers are made. The
labourers can lift wheat against the coupons from fair price shops. In order that there is sufficient incentive for
the fair price shop keepers to lift wheat from the Government godowns for distribution against coupons
presented by the labourers, Government have decided to increase the margin money for wheat distributed
under this programme from Rs. 3.50 (in addition to the gunny bag) per quintal to Rs. 6 (in addition to the
gunny bag) per quintal.

5. In view of the decision of the Government to increase the wages payable in kind, there will be slight
changes in the manner of reporting the expenditure in the fortnightly telegraphic reports and the monthly
progress reports. In the fortnightly report, the expenditure during the fortnight and the financial year should
indicate only cash expenditure and should not include the value of wheat coupons issued. In the monthly
progress reports [Proforma EGS-III(A) which the district level implementing officer submits to the Collector
and Proforma EGS. III-(B) which the Collector submits to the Government], columns 8(b), 8(c), 9(b) and 9(c)
should indicate the following :-

Col. 8(b) : Wages paid by implementing agencies in cash (in Rs.).

Col. 8(c) : Wages paid by implementing agencies in kind (wheat in kg for which coupons are issued).

Col. 9(b) : Wages paid by implementing agencies in cash (in Rs.).

Col. 9(c) : Wages paid by implementing agencies in kind (wheat in kg. for which coupons are issued).

All the Collectors and implementing officers should ensure that reporting of expenditure in fortnightly and
monthly progress reports from the month of November, 1978 onwards be done in the manner mentioned
above.

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6. These orders will take effect for wages payable in respect of musters started on or after 23rd October,
1978.

7. This Government Resolution issues with the concurrence of Finance Department and the Food and Civil
Supplies Department vide unofficial reference No. 4301/SFD, dated 22nd September, 1978 and number nil,
dated 12th October, 1978, respectively.

The increase of wages in kind under E.G.S.

G. L., P. D., No. EGS-1078/2661/EMP-5, dated the 21st December, 1978, addressed to Collector, Nashik
and endorsed to all Collectors

With reference to your letter No. Desk-XI/EGS-I-5912/78, dated the 25th November, 1978, I am directed to
clarify the points raised therein as under :-

1. When bullock carts or donkeys are employed, the wages are paid to the units consisting of the
bullock cart and the labourer or a donkey and the labourer. The intention of the Government in
increasing the wages in kind is to ensure that the labourers who get wages around Rs. 3 per day get an
addition in the total wages. It is, therefore, clarified that the orders contained in Government
Resolution, Planning Department, No. EGS-1678/EMP-III, dated the 26th October, 1978 are applicable
only for manual labourers and should not be extended to bullock cart and donkey labour. In other
words the wages of a labourer who takes the help of a bullock cart or a donkey in his work should be
paid cash only and he is not entitled to get wheat.

2. According to the instructions issued in paragraph 3 of the Government Resolution, dated the 26th
October, 1978 only the net amount of wages is to be debited to the major head 314, Community
Development and the muster also is to be passed for the net amount. But the implementing agency
should maintain accounts of the quantity of wheat distributed on each work. Whenever a review is
taken of the actual expenditure on the work vis-a-vis of the estimated cost, the total value of the
wheat so distributed should be added to the cash expenditure. For this purpose 1 kg. wheat should be
valued at Rs. 1.10 ps.

Quantum of work done and payment of wages under the E.G.S.

G. I., P. D., No. EGS-1078/271/EMP-4, dated the 11th January, 1979 addressed to all Collectors

Under the Employment Guarantee Scheme wages are paid on the weekly basis in accordance with the quality
and quantity of work done. The measurements of the work done are taken and payments are made in
accordance with the schedule of rates approved by the Government. At present though the wages are paid
according to the quality and quantity of work done, labourers are not communicated the details of work done
by them at the time of payment of wages. It may not be practicable to communicate to each worker the
quantum of work done by him as the work is assigned on group task basis, but it would not be difficult to
intimate to each group of workers, the quantity of work done by the group and value of the work done by it
which is ultimately distributed and disbursed as wages to individual workers. You are, therefore, requested to
issue instructions to the implementing agencies that the quality and quantity of work done by the group which
is assigned the task, should be communicated to the concerned group on a slip of paper at the time of making
weekly payment of wages.

Wages in kind under the E.G.S.

G. R., P. D., No. EGS-2679/8/EMP-5, dated the 4th April, 1979

Read.-G. R., P. D., No. EGS-1678/EMP-III, dated the 26th October, 1978.

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RESOLUTION

In para 2 of the Government Resolution, Planning Department, No. EGS-1678/EMP-III, dated 26th October,
1978, Government had laid down the quantum of wheat to be supplied as part of wages and the amount of
cash to be deducted in respect of various slabs of weekly wages earned by the labourers engaged on
Employment Guarantee Scheme Works. In partial modification of these orders, Government has now decided
that in place of wheat, rice should be distributed in the districts of Kulaba, Ratnagiri, Thane, Chandrapur and
Bhandara districts. The cash to be deducted from the wages and the quantity of rice for which coupons should
be issued 'against this each deduction for different slabs of the weekly wages earned will be as follows:-

Sr. No. Weekly wages earned on Cash to be Rice to be supplied


the basis of schedule of deducted from
rates wages

(1) (2) (3) (4),

  Rs. Rs. Kg-

1. Upto 4.00 0.40 1

2. 4.01 to 8.00 0.80 2

3. 8.01 to 12.00 1.20 3

4. 12.01 to 16.00 1.60 4

5. 16.01 to 20.00 2.00 5

6. 20.01 to 30.00 2.80 7

7. Above 30.00 3.20 8

2. The rice to be issued under this programme should be of either medium (long bold) variety or coarse (short
bold) variety.

3. In the districts of Ratnagiri, Kulaba, Thane, Chandrapur and Bhandara, arrangements for distribution of rice
in place of wheat should be made immediately. The switch over from wheat to rice should be completed by
end of May, 1979. If wheat is continued to be distributed till arrangements for distribution of rice are made,
the cash to be deducted and the quantity of wheat to be supplied shall be according to the scale prescribed in
para 2 of the Government Resolution, dated 26th October, 1978.

4. The instructions regarding the accounting procedure, margin money payable to the fair price shopkeepers
and reporting of the wages in kind in the monthly progress reports laid down in paragraphs 3, 4 and 5 of
orders issued in Government Resolution, Planning Department, No. EGS-1678/ EMP-III, dated 26th October,
1978 will be applicable mutatis mutandis in respect of distribution of rice as wages in kind.

5. This Government Resolution issues with the concurrence of the Finance Department, vide its u.o.r.
795/SFD, dated the 23rd February, 1979.

Wages in kind under the Employment Guarantee Scheme-jowar

G. R., P. D., No. EGS-2679/8/EMP-5, dated 11th September, 1979.

Read.-

(i) G. R., P. D., No. EGS-1679/EMP-III, dated 26th October, 1971.

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(ii) G. R., P. D., No. EGS-2679/8/EMP-5, dated 4th April, 1970.

RESOLUTION

In paragraph 2 of the Government Resolution, dated 26th October, 1978 and paragraph 1 of the Government
Resolution, dated 4th April, 1979 referred to above, Government had laid down the quantum of wheat and rice
respectively to be supplied as part of wages and the amount of cash to be deducted in respect of various slabs
of weekly wages earned by the labourers engaged on Employment Guarantee Scheme Works. In partial
modification of the orders, dated 26th October, 1978, Government has now decided that in place of wheat,
jowar should be distributed in the districts of Ahmednagar, Solapur, Beed and Osmanabad. The cash to be
deducted from the wages and the quantity of jowar for which coupons should be issued against their cash
deduction for different slabs of the weekly wages earned will be as follows :-

Sr.No. Weekly wages Cash to be Jowar to be


earned on the basis deducted from supplied (kgs.)
of schedule of rates wages (Rs.)

(1) (2) (3) (4)

1 upto 3.00 0.30 1

2. 3.01 to 6.00 0.60 2

3. 6.01 to 10.00 0.90 3

4. 10.01 to 15.00 1.20 4

5. 15.01 to 20.00 1.80 6

6. 20.01 to 30.00 2.40 8

7. Above 30.00 3.00 10

2. The jowar to be issued under this programme should be hybrid jowar out of the stocks of jowar procured by
the State Government.

3. The utilisation of the locally procured jowar under the Food for Work Programme is subject to the following
conditions :-

(i) The distribution of jowar will apply only to the quantity of 25,000 tonnes jowar procured and at
present available with the Food and Civil Supplies Department of the Government of Maharashtra.

(ii) The Government of India, Ministry of Agriculture and Irrigation Department of Rural Development
will pay to the Government of Maharashtra, Food and Civil Supplies Department, only the central issue
price of jowar i.e., Rs. 86 per quintal, against the jowar utilised under the programme. In addition, the
Planning Department of Government of Maharashtra will pay to the Food and Civil Supplies Department
an amount of Rs. 11.35 per quintal of jowar, difference between the amount payable by the
Government of India and the actual issue price and Rs. 10 per quintal as usual handling charges.

4. A qualitative check of the hybrid jowar to be utilised will be done by the responsible officer of the Civil
Supplies Department by random sampling and if any doubt arises in respect of any particular stock, that
should be set aside and referred to the Divisional Technical Officer. Accordingly, Food and Civil Supplies
Department should take immediate steps to conduct the quality check of hybrid jowar in the districts of
Ahmednagar, Solapur, Beed and Osmanabad and make necessary arrangement for distribution of jowar in

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place of wheat as early as possible. The distribution of wheat should however be continued in the above
district till the arrangement for distribution of jowar is made.

5. The jowar coupons will be printed and supplied in due course. In the meantime, the existing wheat coupons
may be used for distribution of jowar after superimposing the word 'jowar' by a rubber stamp and duly
authenticated by a responsible officer.

6. The instructions regarding the accounting procedure, margin money payable to the fair price shopkeepers
and reporting of wages in kind in the monthly progress reports laid down in paragraphs 3, 4 and 5 of orders
issued in Government Resolution, Planning Department, dated 26th October, 1978, referred to above will be
applicable mutatis mutandis in respect of distribution of jowar as wages in kind.

7. This resolution issues with the concurrence of the Finance Department vide its u.o.r. No. 3825/SFD, dated
26th July, 1979, and the Food and Civil Supplies Department vide its u.o.r., dated 4th September, 1979.

4. Prevalent Wage Rates -

Not Printed

Schedule of wage rates under the E.G.S.

G. R., P. D., No. EGS. 1679/44/EMP-5, dated the 27th September,1979

Read.-

(1) G. R., P. D., No. EGS-1075/EMP-EGS, dated 3rd March, 1976.

(2) G. L., P. D., No. EGS-1077/28/EMP-IV, dated 6th April, 1977.

(3) G. R., P. D., No. EGS-1677/66/EMP-5, dated 27th February, 1978.

RESOLUTION

In modification of the orders mentioned in the preamble, Government is pleased to direct that the wages
payable to the labourers engaged on the Employment Guarantee Scheme works should be calculated on the
basis of the schedule of rates attached to this Government Resolution (printed as an accompaniment to this
Government Resolution).

2. The food component of the wage should be worked out on the basis of orders issued in (i) Government
Resolution, Planning Department, No. EGS. 1678/EMP-III, dated 26th October, 1978, for distribution of wheat,
(ii) Government Resolution, Planning Department, No. EGS. 2679/8/EMP-5, dated the 4th April, 1979 for
distribution of rice, and (iii) Government Resolution, Planning Department, No. EGS. 2679/8/EMP-5, dated
11th September, 1979 for distribution of Jowar.

3. These orders shall come into force with effect from 1st October, 1979 i.e., the musters starting from 1st
October or thereafter should be given the benefit of these orders.

4. The wage rates for soil conservation and afforestation works which are not included in the schedule of rates
should be paid in accordance with the existing schedule of wages for such work prescribed by Agriculture and
Co-operation Department and Revenue and Forests Department respectively.

This Resolution issues with the concurrence of Finance Department vide its unofficial reference No. 4440/SFD,
dated 10th September, 1979.

Accompaniment to G. R., P. D., No. EGS-1479/44/EMPS-5, dated the 27th September, 1979

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ANNEXURE

Schedule of rates for works undertaken under Employment Guarantee Scheme

Sr. No Items Task in Rates appli-


Cu.m. cable per cubic
meter from 1st
October,1979

(1) (2) (3) (4)

  Items others than Road Works    

1. Excavation in soil and soft murum including 1.50 2.00


dressing section to the required grades,
camber and side slopes and depositing the
excavated material within a reduced lead of
35 metres.

2. Excavation in hard murum including dressing 0.85 3.50


section to the required grades, cambers and
side-slopes and depositing the excavated
material within a reduced lead of 35 metres.

3. Excavation in hard murum and boulder 0.70 4.25


including dressing section to the required
grades, camber and side-slopes and depos-
iting the excavated material within a reduced
lead of 35 metres.

4. Excavation in soft rock including dressing 0.35 8.75


section to the required grades, camber and
side-slopes and depositing the excavated
material within a reduced lead of 35 metres.

5. Providing earth worn in embankment in soil 1.15 2.60


and murum from cutting in borrow pits laying
breaking clods, dressing to required line,
curves, grade and section as directed within
a reduced lead of 35 metres (excluding
consolidation and watering).

6. Providing earth work in embankment in hard 0.85 3.60


murum from cutting or borrow pits laying
breaking clods, dressing to required line,
curves, grade and section as directed within
a reduced lead of 35 metres (excluding
consolidation and watering).

7. Removal of blasted rock (mucking) including 0.40 7.50


conveying upto a reduced lead of 35 metres
breaking stones not requiring secondary
blasting, clearing blasted area and exposed
surfaces, etc.
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8. Supplying and stacking hard murum with a 1.00 3.00


reduced lead of 35 metres.

9. Excavation in moist soil including dressing 1.25 2.40


section to the required grades, camber and
side-slopes and depositing the excavated
material within a reduced lead of 35 metres.

10 . Excavation in extreme wet soil including 0.85 3.50


dressing section to the required grades,
camber and side-slopes and depositing ex-
cavated material within a reduced lead of 35
metres.

  Items exclusively of Road Works    

11. Excavation in soil and soft murum including 1.67 1.80


dressing section to the required grades,
camber and side-slopes and depositing the
excavated material within a reduced lead of
20 metres.

12. Excavation in hard murum including dressing 0.90 3.30


section to the required grades, cambers and
side-slopes and depositing the excavated
material within reduced lead of 20 metres.

13 Excavation in hard murum and boulder 0.74 4.05


including dressing section to the required
grade, camber and side-slopes and deposit-
ing the excavated material within a reduced
lead of 20 metres.

14. Excavation in soft rock including dressing 0.35 8.55


section to the required grades, camber and
side-slopes and depositing the excavated
material within a reduced lead of 20 metres.

15. Providing earth work in embankment in soil 1.25 2.40


and murum from cutting in borrow pits laying
breaking clods, dressing to required line,
curves, grade and section directed within a
reduced lead of 20 metres (excluding
consolidation and watering).

16. Providing earth work in embankment in hard 0.88 3.40


murum from cutting or borrowing pits laying
breaking clods, dressing to required line,
curves, grade and section as directed within
a reduced lead of 20 meters (excluding
consolidation and watering).

17. Removal of blasted rock (mucking) including 0.41 7.30

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conveying upto a reduced lead of 20 metres


breaking stones not requiring secondary
blasting, clearing blasted area and exposed
surfaces, etc.

18. Supplying and stacking hard murum with a 1.07 2.80


reduced lead of 20 metres.

19. Excavation in moist soil including dressing 1.36 2.20


section to the required grades, camber and
side-slopes and depositing the excavated
material within a reduced lead of 20 metres.

20. Excavation in extreme wet soil including 0.90 3.30


dressing section to the required grades,
camber and side-slopes and depositing the
excavated material within a reduced lead of
20 meters.

  Items common to all works    

21. Extra for additional reduced lead of 15 metre.   5.40

22. Spreading hard murum/soft murum/gravel/ 3.40 0.90


stand as required including conveying ma-
terial from stacks, sectioning complete.

23. Collecting including breaking from surface 0.85 3.60


and/or digging into ground rubble 6" to 9"
size at quarry including stacking (without
blasting).

24. Collecting including breaking, from surface 0.70 4.25


and/or digging into ground rubble 3" to 4" at
quarry including stacking (without blasting).

25. Breaking over size metal 3" to 4" size from 6" 1.15 2.60
to 9" size rubble already collected including
stacking or filling pharas.

26. Breaking standard size (1/1 -2" to 2") from 0.40 7.50
metal 6" to 9" rubble already collected in-
cluding stacking filling pharas.

27. (a) Stacking metal, murum, sand, gravel to 5.00 0.60


specified dimensions.

  (b) Charges for transporting materials by cart    


including loading and unloading and stocking
for different lead -

  (1) Upto 1 Km.   2.40

  (2) Above 1 Km. and upto 1.5 Km.   5.50

  (3) Above 1.5 Km. and upto 3 Km.   8.40

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Note.-Reduced lead is worked out as actual horizontal lead plus 12.5 time vertical lift.

5. Wage-rate falling below the minimum rate -

Low rate of wages in certain parts of Maharashtra for road works under the Employment Guarantee
Scheme

G. C, P. W. & H. D., No. EGS-1379 (1788) Desk-29, dated 5th November, 1979

CIRCULAR

Some of the members of the Employment Guarantee Scheme Committee of the Legislature, in its meeting
held on the 28th June, 1979 at Council Hall, Bombay complained that the wages paid to the Employment
Guarantee Schedule labour are much below Rs. 3 per day in some parts of Ratnagiri District. It was then
promised to the Committee that the cases of low rate of wages in Ratnagiri District would be probed into and
the remedial measures would be taken.

2. While probing into the cases, it has come to the notice of Government that there have been instances of
wages being earned by the Employment Guarantee Scheme labour below Rs. 3 per day in several Divisions in
Konkan area. The reasons for the low wages have, therefore, been investigated. It is observed that the
instances of low wages on road works being executed in various parts of Konkan Region are inter alia due to
the following :-

(a) Late attendance at work site in the morning and work done lethargically.

(b) When in a gang, female mazdoors are more than male mazdoors the outturn is less.

(c) In the beginning of the works for some period out-turn is less as the mazdoors are not accustomed
to work. However, the out-turn gets improved when the mazdoors acquire experience and get
acquainted with the work.

(d) The experience has shown that the out-turn is less when tools are not good. The out-turn gets
improved when the tools are changed e.g., for metal breaking if hammers of adequate weight and
sutkies with sharpened cutting edges are provided, the same gang which was earning less than Rs. 3
per day per person, started getting good out-turn with individual earning more than Rs. 3 per day.

(e) At some places instead of working out gangwise payments, all mazdoors in a muster were taken
together and one common rate worked out for the entire group. This might be resulting in less
payment to some gangs which do more work and, therefore, they feel that they are not getting correct
payment.

Some of the reasons quoted above are attributable to defaults of individuals and, therefore, nothing
much can be done except that the labour engaged on the Employment Guarantee Scheme road works
are given to understand that punctual attendance and putting in an adequate amount of required work
could fetch them better wages well above Rs. 3 per day. However, the reasons quoted at (d) and (e)
above are such that they could be improved upon by the departmental officers. All the Executive
Engineers of Public Works Departments/Zilla Parishad Works Divisions are, therefore, hereby directed
that they should ensure that proper tools of adequate size and sharpened edges are provided to the
labour engaged on Employment Guarantee Scheme road works and that gangwise muster is
maintained and payment is also worked out gangwise so that the instances of low rate of wages on
Employment Guarantee Scheme road works could be minimised. These instructions should be
scrupulously followed.

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These orders issued in consultation with the Planning Department.

6. Lead and Additional Lead :

Extra payment for : Schedule of rates for Employment Guarantee Scheme Works -Extra rates for addi-
tional lead

D. O., P. D., No. EGS-1679/27/EMP-5, dated the 17th March, 1978, addressed to all Collectors

The extra rate prescribed for additional lead of 15 metres under the EGS schedule of rates in 40 paise vide
Government Resolution, Planning Department, No. EGS-1075/EMP-EGS, dated 3rd March, 1976 read with
Government Resolution, Planning Department, No. EGS-1677/66/EMP-V, dated 27th February, 1978. This
extra rate for additional lead is to be sanctioned if the lead exceeds the initial reduced lead of 35 metres. It
has been brought to the notice of the Government that in some cases the implementing agencies pay only 40
paise for any additional lead over and above 35 metres. It is made clear that the additional rate of 40 paise is
payable for every 15 metres or part thereof over and above the initial lead. This may be brought to the notice
of all the implementing agencies.

7. Delay in reporting to work condoning delay upto prescribed period. -

Not printed

8. Unused Grain Coupons.-

Not printed

9. Stoppage of grains as a part payment -Message through wireless grid.-

Not printed

10. Payment of wages -

Timely payment of EGS wages : Instructions issued in pursuance of the Recommendations of the
Legislature Committee on E.G.S.

G. C, P. D., No. EGS-1976/233/EMP-5, dated the 27th October, 1976

CIRCULAR

The Committee on EGS appointed by the Legislature under the Chairmanship of Shri P. K. Sawant, M.L.A. to
examine, assess and evaluate the working of EGS has presented its second, third and fourth reports to
Government. Government has had under consideration the recommendations of the Committee and is pleased
to issue the following instructions in respect of some of the recommendations. The remaining
recommendations are under consideration of Government and suitable orders will be issued in due course.

Recommendation No. 3.-The Committee has observed that in big labour gangs some labourers avoid hard
work as a result of which comparatively lower wages are earned by the other labourers in the gang inspite of
their honest work for 7 hours a day. The Committee has, therefore, recommended that the implementing
authorities should restrict the size of the labour gangs so that there would not be any scope for shirkers to
avoid work. The implementing authorities of EGS works should ensure that the size of labour gangs is suitably
restricted according to the requirement of the work so that the difficulty apprehended by the Committee would
not survive.

Recommendation No. 4.-In paragraph 3 of Government Resolution, Planning Department, No. EGS-
1075/EMP-EGS, dated 7th August, 1975, instructions were issued to the Collectors to ensure that the budget

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provisions are made by the respective departments to cover the cost of land compensation wherever
necessary and that EGS works were not held up on that account. The Legislature Committee has
recommended that steps should be taken for early payment of compensation in respect of the lands acquired
for the EGS works. The Collectors are requested to follow the instructions issued in the Government
Resolution, dated 7th August, 1975 referred to above scrupulously and see to it that the land compensation is
paid to the landholders concerned as early as possible.

Recommendation No. 6.-To facilitate timely payment of wages to the labourers on EGS works, powers of
drawal and disbursal of EGS grants were delegated to a few more officers vide Government Resolution,
Planning Department, No. EGS-1074/21376/EMP-5, dated 17th April, 1976. The Committee expects that the
above delegation would help the labourers on EGS works to get their wages every week and that timely
payment of wages should be ensured by the concerned officers. The implementing authorities of EGS works
should ensure that the wages to the labourers on EGS works are paid in time and that there is no delay in
payment on any account.

Recommendation No. 15.-In Government Resolution, Planning Department, No. EGS-1075/EMP-EGS, dated
13th December, 1975, clarification has been given regarding measurement of work and payment of wages
under the EGS. The Committee during its visit to Gudri canal work (in Bhandara District) which is being
executed under the EGS found that the instructions regarding the measurement of work are not being ob-
served. The Committee has recommended to issue orders to observe scrupulously the instructions and to take
action against those who fail to observe the instructions. The Collectors and the implementing authorities of
EGS works should ensure and see to it that the staff entrusted with the work of measurement of work done by
the labourers under the EGS works are fully informed of the instructions issued under Government Resolution,
Planning Department, dated 13th December, 1975 referred to above and observe them scrupulously and
suitably deal with those who fail in observing these instructions.

Weekly Payment of Wages :

Timely payment of wages under the Employment Guarantee Scheme

G. L., P. D., No. EGS-1080/31/EMP-IV, dated the 29th January, 1980 addressed to all Collectors and
endorsed to the Divisional Commissioners, etc.

Instructions have been issued from time to time that timely payment of wages is very essential to avoid
hardship to the workers engaged on EGS works. You are aware that EGS is a very important programme
implemented by State Government for the benefit of the rural unemployed and any deficiencies in its
execution will, besides attracting public criticism, defeat the very object of the scheme. Complaints about the
delay in payment of wages are still being received. The Legislature Committee on EGS has been repeatedly
drawing attention of the Government and implementing agencies, to the delay caused in payment of wages,
and has been impressing the need for promptness in payment of wages. Your attention is also invited to the
provision contained in section 3 of the E.G.S. Act, 1977 and you are requested to ensure that the wages to the
workers engaged on EGS works are paid on weekly basis. In any case, payments should be made before the
closure of the subsequent muster. While making the payment, following factors should be kept in view :-

(i) As far as possible the payment of wages should be made on the day prior to the Bazar day and the
weekly off should be so adjusted that it falls on the Bazar day.

(ii) Disbursement of wages should be started sufficiently in advance before the close of the work for the
day so that the labourers especially female labourers are not unduly detained late hours at the work
sites.

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(iii) The payment of wages should be made first to the female workers and to workers coming from a
long distance.

(iv) It should be ensured that the workers engaged on EGS works are paid outstanding wages of any
positively on the day prior to the day of festival (local or otherwise).

2. Another complaint which is frequently voiced is that the board indicating wages payable in terms of the
quantity of work to be done is not placed at the work sites despite Government orders for placing such boards
at the work sites. The implementing agencies should therefore be requested to ensure that the boards
indicating wage rates should invariably be displayed at the work sites.

3. You are requested to inform suitably all implementing agencies and other concerned officers for strict
compliance of these instructions, and also to inform them that serious view will be taken in case of negligence
or indifference in compliance of these instructions.

Payment of Wages under E.G.S.

G. C, P. D., No. EGS-1080/150/D-33, dated the 30th July, 1980.

Read.-(1) G. L., P. D., No. EGS. 1079/EMP-III, dated the 6th April, 1979.

(2) G. L., P. D., No. EGS. 1080/31/EMP-IV, dated the 29th January, 1980.

CIRCULAR

Instructions have been issued from time to time for ensuring timely payment of wages to the workers on the
Employment Guarantee Scheme Works. According to the provisions of section 4 of the Maharashtra Employ-
ment Guarantee Act, 1977, wages of the workers are required to be paid weekly or in any case not later than
a fortnight. Since complaints regarding the delay in payment are still being received, the Collectors are
requested to take action against the officers found responsible for delay in payment of wages.

Clarification regarding payment of wages under the E.G.S.

G. R., P. D., No. EGS-1075/EMP-EGS, dated the 13th December,

Read.- G. R., P. D., No. EGS. 1074/3616/P-4,dated 20th September, 1974.

G. R., P. D., No. EGS. 1075/P-4, dated 14th February, 1975.

RESOLUTION

During the course of the Employment Guarantee Scheme, it has been found that a number of irregularities are
being committed by the various agencies due to either -

(i) Lack of understanding of the orders pertaining to the schedule of wages; or

(ii) Misinterpretation of some of the provisions therein.

2. The Government Resolution, Planning Department, No. EGS-1075/ P-4, dated 14th February, 1975
prescribes the schedule of rates for the work, under Employment Guarantee Scheme as per Annexure II to the
said Government Resolution. The said schedule of rate for work has been prescribed for a unit of reduced lead
of 35 metres and the reduced lead has to be worked out as actual horizontal lead plus 12.5 times the vertical
lift.

(a) Instance were noticed where the basic wage rate was calculated for 50 metres and not for the
reduced lead of 35 metres as has been prescribed under the schedule of rates under Annexure II.

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(b) It is intended that an extra rate for the additional reduced lead of 15 metres or a part thereof
beyond the first basic minimum of 35 metres reduced lead has to be given but the same has been
miscalculated or not given to the workers.

(c) Borrow-pits were not assigned in advance with the result that the workers were required to carry
material from longer distance. It should be possible to locate borrow-pits at longer leads in initial
stages when the lift is less and to reduce lead as lift increases.

(d) Wages were being paid on fortnightly basis, although an attempt has to be made to make the
payments every week.

(e) Hours of work were not fixed in several cases but some attempt was • made to indicate presence of
workers for half a day if worker arrived too late.

(f) Implements were not being provided and the cost of sharpening implements being borne by the
workers themselves.

(g) There was often a misconception that Rs. 3 per day per person was the maximum wage limit
permissible.

3. It is necessary that the above misunderstanding or misinterpretation should be immediately removed and
the payment of wages should be made according to the orders of Government. Following clarification are
therefore issued in this respect :-

(i) The basic schedule of rate for work is intended to be applied for the initial reduced lead of 35 metres
only. If the reduced lead is 50 metres under item 1 of Annexure II, the rate per cubic metre will be Rs.
1.50 (for first 35 metres) plus Re. 0.30 for the additional reduced lead of 15 metres (50.35) i.e., Rs.
1.80 per cubic metre. Similarly, if the horizontal distance is 50 metres and there is required to be
vertical lift of metre, the total reduced lead would be 62.5 metres (50 metres, horizontal distance plus
12.5 metres for the vertical lift of metre). The wage rate to be allowed under item 1 of the Annexure II
in this case would be -

  Rs.

For first 35 metres 1.50

Next 15 metres 0.30

For the Next 12.5 metres 0.30

Total for 62.5 metres 2.10

(ii) Wages should be paid every week; wherever this is not practicable, advance payment should be
made after a week as directed under Government Resolution, Planning Department, No. EGS-1675/
EMP-EGS, dated 20th November, 1975.

(iii) The borrow-pits should be planned in advance so as to balance the lead and lift as far as possible.

(iv) It may be noted that workers under Employment Guarantee Scheme are paid according to the
quality and quantity of the work done, in accordance with the rates prescribed under the schedule
attached to Government Resolution, Planning Department, No. EGS-1075/ P-4, dated 14th February,
1975. Even then, there are complaints put forth to Government that the workers are paid lower wages
or the workers do not get sufficient wages in respect of their work. This complaint however, primarily
arise owing to the fact that the workers are not putting in scrupulously 7 hours of work on the job

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every day, although the schedule is based on the assumption that the worker will put in an average 7
hours work per day. Many times, the workers come late and some of them also leave the work earlier
before fulfilling the 7 hours task. If this occurs in a group of workers, it naturally affects their total out-
turn and consequently the earnings of the group for the week and it also results in lesser being
received by the workers, on an average per day. In order to avoid such complaints, it is necessary that
the Collectors take steps to impress upon all the workers on the Employment Guarantee Scheme fully,
the manner of calculation of wages according to the quality and quantity of work and the importance
and the need of punctual attended and faithful work for 7 hours per day on the work, after which, they
were expected to be able to earn atleast Rs. 3 per day according to the schedule. The Collectors are
therefore requested to impress upon the workers suitably so as to avoid misconception of lesser wages
being paid to them.

In order to facilitate the above, the Collectors may advise the implementing agencies to fix, according
to local conditions, the hours of work and ensure that the workers are punctual in attendance, but for
which, there will be effect on wages; even leaving the work earlier should also be avoided. Thus, the
importance of punctual attendance at each work with full working hours for 7 hours should be ensured
by the Collectors.

(v) The implements should be provided for work by the Government and the cost of sharpening of such
implements should be borne by Government. If however, the workers bring their own implements, the
Collectors should take steps to pay such workers 5 paise per day of his full attendance to the work as
additional wage to him towards the hire use and the sharpening charges of the implements brought by
such workers. These hire charges should be added to the wage component arrived at according to the
schedule of wages in respect of output of the workers and should be included in the wages undeR the
Employment Guarantee Scheme.

(vi) It should clearly be understood that there is neither minimum nor maximum limit prescribed for
payment of wages to the workers on Employment Guarantee Scheme for their output of work done. It
may be noted that the Rs. 3 per day per person is not the maximum wages limit prescribed. If the
workers' output enables an earning of more than Rs. 3 they ought to be paid according to the task
performed.

4. All the Collectors are requested to bring these orders specifically to the notice of all the implementing
agencies in their respective districts and it should be ensured that no complaints are received arising out of
the misconception or misunderstanding about the payment of wages.

11. On Bazar day.-

Timely payment of wages under the Employment Guarantee Scheme

G. L., P. D., No. EGS-1080/31/EMP-IV, dated the 29th January, 1980 addressed to all Collectors and
endorsed to the Divisional Commissioners, etc.

Instructions have been issued from time to time that timely payment of wages is very essential to avoid
hardship to the workers engaged on EGS works. You are aware that EGS is a very important programme
implemented by State Government for the benefit of the rural unemployed and any deficiencies in its
execution of will, besides attracting public criticism, defeat the very object of the scheme. Complaints about
the delay in payment of wages are still being received. The Legislature Committee on EGS has been repeatedly
drawing attention of the Government and implementing agencies, to the delay caused in payment of wages,
and has been impressing the need for promptness in payment of wages. Your attention is also invited to the
provision contained in section 3 of the E.G.S. Act, 1977 and you are requested to ensure that the wages to the

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workers engaged on EGS works are paid on weekly basis. In any case, payments should be made before the
closure of the subsequent muster. While making the payment, following factors should be kept in view :-

(i) As far as possible the payment of wages should be made on the day prior to the Bazar day and the
weekly off should be so adjusted that it falls on the Bazar day.

(ii) Disbursement of wages should be started sufficiently in advance before the close of the work for the
day so that the labourers especially female labourers are not unduly detained late hours at the work
sites.

(iii) The payment of wages should be made first to the female workers and to workers coming from a
long distance.

(iv) It should be ensured that the workers engaged on EGS works are paid outstanding wages of any
positively on the day prior to the day of festival (local or otherwise).

2. Another complaint which is frequently voiced is that the board indicating wages payable to terms of the
quantity of work to be done is not placed at the work sites despite Government orders for placing such boards
at the work sites. The implementing agencies should therefore be requested to ensure that the boards
indicating wage rates should invariably be displayed at the work sites.

3. You are requested to inform suitably all implementing agencies and other concerned officers for strict
compliance of these instructions, and also to inform them that serious view will be taken in case of negligence
or indifference in compliance of these instructions.

12. Payment in cash.-

Not Printed

13. Payment earlier to Female etc-

Timely payment of wages under the Employment Guarantee Scheme

G. L., P. O., No. EGS-1080/31/EMP-IV, dated the 29th January, 1980 addressed to all Collectors and
endorsed to the Divisional Commissioners, etc.

Instructions have been issued from time to time that timely payment of wages is very essential to avoid
hardship to the workers engaged on EGS works. You are aware that EGS is a very important programme
implemented by State Government for the benefit of the rural unemployed and any deficiencies in its
execution of will, besides attracting public criticism, defeat the very object of the scheme. Complaints about
the delay in payment of wages are still being received. The Legislature Committee on EGS has been repeatedly
drawing attention of the Government and implementing agencies, to the delay caused in payment of wages,
and has been impressing the need for promptness in payment of wages. Your attention is also invited to the
provision contained in section 3 of the E.G.S. Act, 1977 and you are requested to ensure that the wages to the
workers engaged on EGS works are paid on weekly basis. In any case, payments should be made before the
closure of the subsequent muster. While making the payment, following factors should be kept in view.

(i) As far as possible the payment of wages should be made on the day prior to the Bazar day and the
weekly off should be so adjusted that it falls on the Bazar day.

(ii) Disbursement of wages should be started sufficiently in advance before the close of the work for the
day so that the labourers especially female labourers are not unduly detained late hours at the work
sites.

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(iii) The payment of wages should be made first to the female workers and to workers coming from a
long distance.

(iv) It should be ensured that the workers engaged on EGS works are paid outstanding wages if any
positively on the day prior to the day of festival (local or otherwise).

2. Another complaint frequently voiced is that the board indicating wages payable in terms of the quantity of
work to be done is not placed at the work sites despite Government orders for placing such boards at the work
sites. The implementing agencies should therefore be requested to ensure that the boards indicating wage
rates should invariably be displayed at the work sites.

3. You are requested to inform suitably all implementing agencies and other concerned officers for strict
compliance of these instructions and also to inform them that serious view will be taken in case of negligence
or indifference in compliance of these instructions.

14. All dues to be paid before Festival Day.-

Timely payment of wages under the Employment Guarantee Scheme

G. L., P. D., No. EGS-1080/31/EMP-IV, dated the 29th January, 1980 addressed to all Collectors and
endorsed to the Divisional Commissioners, etc.

Instructions have been issued from time to time that timely payment of wages is very essential to avoid
hardship to the workers engaged on EGS works. You are aware that EGS is a very important programme
implemented by State Government for the benefit of the rural unemployed and any deficiencies in its
execution of will, besides attracting public criticism, defeat the very object of the scheme. Complaints about
the delay in payment of wages are still being received. The Legislature Committee on EGS has been repeatedly
drawing attention of the Government and implementing agencies, to the delay caused in payment of wages,
and has been impressing the need for promptness in payment of wages. Your attention is also invited to the
provision contained in section 3 of the E.G.S. Act, 1977 and you are requested to ensure that the wages to the
workers engaged in EGS works are paid on weekly basis. In any case, payments should be made before the
closure of the subsequent muster. While making the payment, following factors should be kept in view :-

(i) As far as possible the payment of wages should be made on the day prior to the Bazar day and the
weekly off should be so adjusted that it falls on the Bazar day.

(ii) Disbursement of wages should be started sufficiently in advance before the close of the work for the
day so that the labourers especially female labourers are not unduly detained late hours at the work
sites.

(iii) The payment of wages should be made first to the female workers and to workers coming from a
long distance.

(iv) It should be ensured that the workers engaged on EGS works are paid outstanding wages if any
positively on the day prior to the day of festival (local or otherwise).

2. Another complaint which is frequently voiced is that the board indicating wages payable in terms of the
quantity of work to be done is not placed at the work sites despite Government orders for placing such boards
at the work sites. The implementing agencies should therefore be requested to ensure that the boards
indicating wage rates should invariably be displayed at the work sites.

3. You are requested to inform suitably all implementing agencies and other concerned officers for strict
compliance of these instructions, and also to inform them that serious view will be taken in case of negligence

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or indifference in compliance of these instructions.

15. Display of wage rate Boards.-

Timely payment of wages under the Employment Guarantee Scheme

G. L., P. D., No. EGS-1080/31/EMP-IV, dated the 29th January, 1980 addressed to all Collectors and
endorsed to the Divisional ; Commissioners etc.

Instructions have been issued from time to time that timely payment of wages is very essential to avoid
hardship to the workers engaged on EGS works. You are aware that EGS is a very important programme
implemented by State Government for the benefit of the rural unemployed and any deficiencies in the
execution of will, besides attracting public criticism, defeat the very object of the scheme. Complaints about
the delay in payment of wages are still being received. The Legislature Committee on EGS has been repeatedly
drawing attention of the Government and implementing agencies, to the delay caused in payment of wages,
and has been impressing the need for promptness in payment of wages. Your attention is also invited to the
provision contained in section 3 of the E.G.S. Act, 1977 and you are requested to ensure that the wages to the
workers engaged on EGS works are paid on weekly basis. In any case, payments should be made before the
closure of the subsequent muster. While making the payment, following factors should be kept in view :-

(i) As far as possible the payment of wages should be made on the day prior to the Bazar day and the
weekly off should be so adjusted that it falls on the Bazar day.

(ii) Disbursement of wages should be started sufficiently in advance before the close of the work for the
day so that the labourers especially female labourers are not unduly detained late hours at the work
sites.

(iii) The payment of wages should be made first to the female workers and to workers coming from a
long distance.

(iv) It should be ensured that the workers engaged on the EGS works are paid outstanding wages if
any positively on the day prior to the day of festival (local or otherwise).

2. Another complaint which is frequently voiced is that the board indicating wages payable in terms of the
quantity of work to be done is not placed at the work sites despite Government orders for placing such boards
at the work sites. The implementing agencies should therefore be requested to ensure that the boards
indicating wage rates should invariably be displayed at the work sites.

3. You are requested to inform suitably all implementing agencies and other concerned officers for strict
compliance of these instructions, and also to inform them that serious view will be taken in case of negligence
or indifference in compliance of these instructions.

16. Payment to start sufficiently early.-

Timely payment of wages under Employment Guarantee Scheme

G. L., P. D., No. EGS-1080/31/EMP-IV, dated the 20th January, 1980 addressed to all Collectors and
endorsed to the Divisional Commissioners, etc.

Instructions have been issued from time to time that timely payment of wages is very essential to avoid
hardship to the workers engaged on EGS works. You are aware that EGS is a very important programme
implemented by State Government for the benefit of the rural unemployed and any deficiencies in its
execution of will, besides attracting public criticism, defeat the very object of the scheme. Complaints about
the delay in payment of wages are still being received. The Legislature Committee on EGS has been repeatedly

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drawing attention of the Government and implementing agencies, to the delay caused in payment of wages,
and has been impressing the need for promptness in payment of wages. Your attention is also invited to the
provision contained in section 3 of the E.G.S. Act, 1977 and you are requested to ensure that the wages to the
workers engaged on EGS works are paid on weekly basis. In any case, payments should be made before the
closure of the subsequent muster. While making the payment, following factors should be kept in view :-

(i) As far as possible the payment of wages should be made on the day prior to the Bazar day and the
weekly off should be adjusted that it falls on the Bazar day.

(ii) Disbursement of wages should be started sufficiently in advance before the close of the work for the
day so that the labourers especially female labourers are not unduly detained late hours at the work
sites.

(iii) The payment of wages should be made first to the female workers and to workers coming from a
long distance.

(iv) It should be ensured that the workers engaged on EGS works are paid outstanding wages if any
positively on the day prior to the day of festival (local or otherwise).

2. Another complaint which is frequently voiced is that the board indicating wages payable in terms of the
quantity of work to be done is not placed at the work sites despite Government orders for placing such boards
at the work sites. The implementing agencies should therefore be requested to ensure that the boards
indicating wage rates should invariably be displayed at the work sites.

3. You are requested to inform suitably all implementing agencies and other concerned officers for strict
compliance of these instructions, and also to inform them that serious view will be taken in case of negligence
or indifference in compliance of these instructions.

17. Facilities to all workers on EGS :-

1. Provision of drinking water.

2. Provision of First Aid Box.

3. Provision of Sheds.

4. Provision of camping arrangement if necessary.

5. Arrangement for removal of patient to the Hospital.

6. Appointment of woman to look after the children.

_______________

1. Explanation was deleted, ibid., Section 3.

* Vide G.C., P.D., No. EGS-168/l/27/Desk-37. dated 26.5.1981.

Section 4 - State Employment Guarantee Council

1[(1) For the purpose 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,
organisation of workers and disadvantaged groups :

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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 condition 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 function 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. Section 4 which was deleted by Mah. 27 of 1991,Section 3 was again inserted by Man. 51 of 2006, Section 4.

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
Panchayat Samiti Employment Guarantee Committee in every Panchayat Samiti area. On every District Level
Committee and Panchayat Samiti Level Committee, at least two members shall be appointed from persons
belonging to the Backward Classes and two members shall be either from persons who have been employed
on the works of the Scheme or from any registered union of the agricultural labourers. The Chairman of every
such Committee shall be appointed from the non-official members thereof.

(2) These Committees shall, within their respective jurisdictions, supervise and review the implementation of

the Scheme, from time to time, and shall suggest to the State Government 1[* * *] such steps as in their
opinion are necessary for a more effective implementation of this Act. The Collector and the Samiti Officers
concerned shall, from time to time, report to the Committees the action taken by them or the State
Government on the suggestions made by the Committees.

(3) Every District Level Committee shall co-ordinate the working of the Panchayat Samiti Committees in the
District.

_______________

1. The words "and the Council" were deleted by Mah. 27 of 1991, Section 4.

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Section 6 - Collector responsible for implementation of Schemes in each District

The Collector of the District shall be responsible for the implementation of the Scheme in the District and for
this purpose all other officers of the State Government, the Zilla Parishad and other local authorities or bodies
functioning in the District and having for their jurisdiction an area not bigger than the District shall be
responsible to the Collector.

NOTES

Powers of the Collectors and their limitations.-The Collector is responsible for implementation of the
E.G.S. Scheme in each District.

But he has not yet been given powers to take action against the defaulting subordinates or in cases of
dereliction of duties while implementing the Scheme.

Filing Report to the E.G.S. Committee.-In cases of corruption in E.G.S. work, he may submit a report to
the E.G.S. Committee. On the basis of such report submitted by the District Collector, Dhule, the State
Government appointed a High Level Committee on 'corruption under E.G.S.' and the Committee submitted the
report to the State Assembly.-Inquiry into corruption under E.G.S. Dhule District.- Planning Department,
Government of Maharashtra, 1982.

Collector may initiate action against defaulting officer.-Any failure or hesitation on part of District Officer
to comply with the instructions of the Collector in the interest of smooth implementation of the E.G.S. has to
be treated as dereliction of duty. He may initiate action through Divisional Commissioner under intimation to
Government in the Planning Department.

See also Employment Guarantee Council, 9th Report, 1983-84, published by Secretariat, Maharashtra
Assembly, Bombay.

Refusal to carry out the work entrusted by the Collector.-See G. C, P. W. and H. D., No. RGS-
1372/(1782)/Desk-29, dt. 33.7.1979.

Corrupt practices and action against such practices.-The E.G.S. Committee noted few instances of
irregularities, malpractices and corrupt practices in implementation of E.G.S. work False names on muster-
rolls, false accounting, less number of persons employed on the E.G.S. work, but on records more amount
paid to fictitious persons etc.

Section 6A - Commissioner's powers to supervise implementation of Scheme in each Division

1[(1) The Commissioner of the Division or any officer or officers not below the rank of Assistant 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 to the Collectors, other
officers (including Divisional level officers), local authorities and other bodies 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, the Collectors, other officers, 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.]

NOTES

By inserting a new section (section No. 6-A) it empowers the Divisional Commissioner to supervise and review
the implementation of the Scheme and the National Rural Employment Programme in each Division.

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It empowers the State Government to provide employment for a temporary period, in any area on any works
to meet the conditions created by natural calamities like heavy rains, floods, earthquakes, droughts, scarcity
or cyclones.

_______________

1. Section 6A was inserted by Mah. 24 of 1980, Section 2.

Section 7 - Preparation and publication of Scheme

(1) For the purpose of giving effect to the employment guarantee mentioned in section 3, the State
Government shall prepare a Scheme for providing employment to all adult persons residing in the rural areas,
who volunteer to do unskilled manual work, subject to the conditions laid down by or under this Act or in the
Scheme.

(2) The Scheme shall have the following essential features :-

(i) Only productive works shall be taken up under the Scheme:

1[Provided that, if, in the opinion of the State Government, it is necessary to provide
employment in any area on any work to meet the conditions created by natural calamities like
heavy rains, floods, earthquakes, droughts, scarcity or cyclones, the State Government may
permit such works being taken up under the Scheme for such temporary period as the State
Government may, from time to time, decide.]

(ii) The works taken up under the Scheme shall be in the rural areas; it shall however, be lawful for the
State Government to direct that certain categories of works may be taken up in areas other than rural
areas.

(iii) Every Collector shall be asked to prepare blue prints of the works to be taken up under the Scheme
in the District. Such blue prints shall be prepared by him as a part of the District plan, but be based on
the Panchayat Samiti area development plans prepared with a view to give employment guarantee to
all adult persons for unskilled manual work and to make use of natural resources, actual or potential,
which are readily available in the respective Panchayat Samiti areas. The Collector shall place the blue
prints for approval before the District Level Committee, which shall give its approval after taking into
consideration the views of the Panchayat Samiti Level Committee.

(iv) In order to anticipate the demand for manual work, a manpower budget for the District shall be
prepared, so that it may be possible to plan the works to be taken up under the Scheme, taking into
account the special distribution of unemployment over the District.

(v) The Scheme may also provide, as far as possible, for the training and upgradation of the skills of
the unskilled labour.

(vi) The wages shall be directly linked with the quality and quantity of work.

(vii) The wages shall be paid according to the schedule of rates, which shall be fixed by the State
Government for different types of works, from time to time. The schedule of rates shall be so fixed that

a person working diligently for 7 hours a day would normally get a total wage equal to 2[wage rate
specified by the Central Government under sub-section (2) of section 6 of the Central Act, and if it not

so specified equal to the] the minimum wage for agricultural labourer for the 3[relevant zone] fixed by
the State Government, from time to time.

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NOTES

It is well known that the statutory minimum wage is primarily an instrument of social protection for workers.
Section 7(2) (vii) which provides for payment of total wage equal to the minimum wage for agriculture labour
in the lowest zone to a worker employed and working in a higher zone is ultra vires as it is violative of Article
23 of the Constitution. Reading the section properly and in its proper perspective it will mean that the
Schedule of rates shall be so fixed that a person working deligently for 7 hours a day would normally get a
total wage equal to the minimum wage for agricultural labourer fixed by the State Government for the zone
concerned. Paying the worker less than the minimum wages fixed for the agricultural labourer for the zone
concerned will obviously amount to double disadvantage in as much as the minimum wage for workers who
are normally engaged to carry out these works is much higher than the wage fixed for agricultural labourer.

The unemployment allowance, paid under section 8 of the bare Act being a subsistence or survival allowance,
it cannot fall down the bare starvation level.

The State Government has to fix the unemployment allowance according to law and until that is done as it will
be unjust to continue the present situation i.e., payment of Re. 1/- per day which is less than the dole, as an
ad hoc measure Rs. 2/- per day would be reasonable unemployment allowance subject of course to alteration
later when as a result of further study and research Government is able to decide the question.- Ahmednagar
Zilla Shet Mazdoor Union v. State of Maharashtra, 1985 Mah. L. J. 318.

4[In areas which are affected by natural calamities like heavy rains, floods, earthquakes, droughts, scarcity or

cyclones, wages may be paid on such works, at such daily rates and for such temporary period, as the State
Government may direct.]

(viii) It shall be open for the Samiti Officer to direct any person who volunteers for employment under
the Scheme to do work of any type permissible under the Scheme.

(ix) All works taken up under the Scheme shall be executed departmentally and not through any con-
tractor :

Provided that, skilled items of works such as gorge filling where it is absolutely necessary, and

waste-weir component of work of percolation and minor irrigation tanks, 5[may be executed on
the basis of Schedule contracts system, as prescribed by the State Government], but the wages
payable to unskilled labour shall be in accordance with the tasks prescribed under the Scheme.

NOTES

Statement of Objects and Reasons.-Section 7(2)(ix) of the Maharashtra Employment Guarantee Act, 1977
(Mah. XX of 1978), provides that any skilled items of works such as gorge filling and waste-weir component of
work of percolation and minor irrigation tanks under Employment Guarantee Scheme may be executed on the
basis of piece rate system. Accordingly such works were being executed through contractors on A-1 or A-2
tender forms, under which one tender could be sanctioned upto Rs. 50,000.

Initially, when the Employment Guarantee Scheme was launched in the year 1979, the total cost of the gorge
filling used to workout to the tune of Rs. 50,000 or even lesser. However, thereafter, the cost of this work has
increased tremendously, and in some cases it goes upto Rs. 10,00,000. If this work is given on A-l or A-2
tender forms, the work is required to be divided in 5-6 parts, each to be given to the different Piece Rate
Contractor. As a result of such distribution of work into different parts and to different Piece Rate Contractors,
the work is found to be of sub-standard quality causing breaches of tanks during heavy rainfalls. In such
cases, on account of piece rate contract system, it is very difficult to fix exact responsibility for any damage
caused to the tanks on any one contractor, specifically. To solve this problem, the State Government has

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decided to execute such works on the basis of "Schedule Contracts System" in which a single registered
contractor can be given any volume of such work and if he fails to execute the work as per the contractual
terms or if his work is found to be of sub-standard quality, it will be possible to fix the responsibility in respect
of any breach or defect or damage to the tanks due to sub-standard work on such contractor specifically and it
will also be feasible to blacklist such contractor after fixing the responsibility.

In pursuance of this Government decision, by Government Resolution, Planning Department, No. EGS.
2190/8236/EGS-6, dated the 7th October, 1993, Government has, on experimental basis, already adopted this
system of "Schedule Contracts System" which is found to be working satisfactorily. Therefore, it is now
proposed to amend, with retrospective effect, section 7(2)(ix) of the Act providing for execution of such works
on "Schedule Contracts Basis" and power is also being taken to the State Government to prescribe by rules the
details of the Schedule Contracts System by which such works are to be executed under the scheme, and also
to validate the contracts which have already been executed on the Schedule Contracts basis during the period
from the 7th October, 1993, till the enactment of this Act, as foresaid.- [Mah. Act No. 6 of 1995.]

(x) When works are taken up under the Scheme on private lands, which will directly benefit the holders
of the lands, then, notwithstanding the fact that under the provisions of any other law, or any
executive orders, for the time being in force such holders are entitled to a subsidy in respect of such

works, 6[a subsidy under the Scheme, at such rates as may by prescribed, shall be financed from the
Employment Guarantee Fund].

(xi) The work taken up under the Scheme shall so organised by the Collector that the normal agricul-
tural operations in the District are not adversely affected and that a balance is maintained between the
principle of guaranteed work with minimum wage on the one side and the requirements of labour for
agricultural operations, as well as the requirements of labour for the implementation of the regular plan
and non-plan works of the State Government on the other side.

(xii) The State Government shall provide in the Scheme for a periodical inspection of the works taken
up under the Scheme to ensure proper quality of the works as well as to ensure that the total wages
paid for the completion of any work are commensurate with the quality and quantity of the work done.

(xiii) The State Government shall provide in the Scheme for the appointment of an Audit Squad to
conduct a periodical audit of the expenditure incurred under the Scheme.

(xiv) If a personal injury is caused to any person employed under the Scheme by accident arising out
of and in the course of his employment, he shall be entitled, free of charge, to such medical treatment
as is admissible under the Scheme, and where hospitalisation is necessary, the State Government shall
arrange for such hospitalisation including accommodation, treatment and diet. During the period he is
undergoing treatment in the hospital, he shall be entitled to daily wages at the rate of half of the

minimum wages referred to in clause (vii). In case of death of such person, 7[an ex gratia payment at

the rate of rupees fifty thousand or such higher amount] 8[as may be determined by the State Gov-
ernment, by general order issued in this behalf, from time to time] shall be made to his legal heirs in
the manner laid down in the Scheme. In case of disablement, such person shall be entitled to such ex
gratia payment as may be determined in accordance with the Scheme, but the amount of such

payment 9[shall not exceed the amount determined by the State Government as aforesaid for ex gratia
payment in case of death].

NOTES

Statement of Objects and Reasons.-The Maharashtra Employment Guarantee Act, 1977 in enacted to
make effective provisions for securing the right to work by guaranteeing employment to all adult persons who
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volunteer to do unskilled manual work in rural areas in the State. For the purpose of giving effect to such
employment guarantee, the State Government has prepared Employment Guarantee Scheme under section 7
of the said Act. The existing clause (xiv) of the said section 7(2) provides inter alia, for payment of rupees five
thousand as an ex gratia payment in the case of death of a person arising out of and in the course of his
employment under the Scheme, to his legal heirs. The said clause also provides for ex gratia payment, as may
be determined in accordance with the Scheme, in case of disablement of a person in the course of his
employment under the Scheme, subject to the condition that, such amount shall not exceed rupees five
thousand. Government has now decided to increase the existing amount of ex gratia payment payable in case
of death of an employee to rupees ten thousand and similarly to permit increase in the amount of ex gratia
payment payable in the case of disablement subject to the same condition as now existing that, such amount
shall not exceed the amount of ex gratia payment payable in the case of death of a person employed under
the Scheme. It is felt desirable that, instead of mentioning the specific amounts of ex gratia payment in the
Act itself, power should be taken to the State Government to determine the amounts of ex gratia payment by
issuing general order so that it should be feasible for Government to increase such amount of ex gratia
payment, from time to time, as found expedient, without every time having to amend the Act for that sole
purpose. Therefore, it is proposed to suitably amend the said section 7 so as to take such power to State
Government.- [Mah. Act No. 26 of 1993.1

(xv) Subject to the rules made in this behalf, the State Government shall ordinarily provide all kinds of
tools and implements and gun powder required for any work and where tools and implements are not
so provided and are brought by the person concerned he shall be paid such hire charges as may be
prescribed.

(xvi) The State Government shall, as far as possible, undertake comprehensive land development
programmes on water-shed basis. Such works shall, as far as possible, be provided within a radius of
five kilometres from the village of the workers engaged on such works. (3) The Scheme shall provide
for the registration of the names and addresses of persons who volunteer to work under the Scheme.
Such registration shall be done at the headquarters of the Gram Sevak or the Talathi, as the State
Government may specify, within whose jurisdiction the village where the person resides is situated.

(4) The Scheme so prepared shall be published in the Official Gazette, and a summary thereof shall also be
published in such local newspapers, having wide circulation in each District, as the State Government may
determine.

(5) Until the Scheme is prepared and published under this section, the Employment Guarantee Scheme of the
State Government in operation immediately before the date of commencement of this Act shall be deemed to
be the Scheme made and published under this Act.

NOTIFICATIONS

1. Maximum and minimum numbers of workers :

Engaging of bullock carts and tractors on the works under the E.G.S.

G. L., P. D., No. EGS-1079/395/EMP-IV, dated 8th November, 1979 addressed to the Collector, Satara and copies
endorsed to all Collectors and other officers Reference. your letter No. PLN/EGS/WS/PT/1874, dated 2nd October,
1979.

2. Under the Employment Guarantee Scheme, employment is guaranteed to the adults who are
prepared to do unskilled manual work. No guarantee has been given for engaging bullock carts and
tractors. In the schedule of rates approved by the Government, a provision has been made for giving
extra remuneration for the reduced lead involved in the operation of carrying material through head
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load. The material can be transported by head load upto a certain limit beyond which, it becomes un-
economical to engage labourers. The reasonable reduced lead for engaging labourers for carrying the
material by the head load would be 200 metres. Beyond the reduced lead of 200 metres it would be
advisable to get the work done through bullock carts and when bullock carts are not available tractors
or trucks can be engaged. But it should be noted that the expenditure incurred for transport of material
through bullock carts, tractors or trucks should be accommodated within 40 per cent component. You
are requested to inform the implementing agencies on the above lines.

Accidents in course of EGS work

In P. F. Davis and Co. v. Kesto Routh, AIR 1968, Cal. 129, the Calcutta High Court has held that a
injury received within reasonable limits of time and space, for instance, in cases where the workman
meets with an accident while in the act of satisfying thirst or satisfying his bodily needs, in the use of
food, drink and even tobacco, is to be regarded as injury received in the course of employment. The
principle underlying is that an act which is reasonable and necessary, having regard to all the
circumstances, though not one which is part of the workmen's original duty may be within the sphere
of his employment. What is necessary is that there should be casual connection between the accident
and the employment and further that the cause should be a proximate cause and not a very remote
cause. But at the same time if a workman in the course of his employment has to be in a particular
place and by reason of his being in that particular place has to face a situation in which he receives
injuries that fact itself would be a sufficient causal connection between the employment and the
accident. The High Court has also held that a workman while in employment must necessarily be
subject to all the needs and calls of nature to which any other man would also be subject.

In the types of cases mentioned above, it can reasonably be held that the accident arose in the course
of the employment and in that view Government would be liable to pay ex gratia payment as
admissible to the legal heirs of the deceased. The Collectors are requested to follow the above
clarification while dealing with such cases.

2. Various types of work :

Metalling of Roads :

Metalling of roads under the E.G.S.

G. R. P. D., No. EGS-1079/406/EMP-IV, dated the 30th October, 1979

Read.-

(1) Letter No. EGS-RR/180/1979, dated 15th July, 1979 from the Superintending Engineer
(E.G.S. Cell), Office of the Divisional Commissioner, Pune.

(2) G. R., P. D., No. EGS. 1679/44/EMP-5, dated 27th September,1979.

RESOLUTION

At present the metal, rubble etc., required for spreading on roads can be brought to the road-side from a
distance upto 3 km. by using bullock cart under the Employment Guarantee Scheme as per the rates approved
in Government Resolution, No. EGS. 1679/44/EMP-5, dated the 27th September, 1979. It has been pointed
out to Government that the present method of obtaining rubble from the boulder quarry or sheet-rock quarry
has become unworkable, as the conveyance of rubble is not possible due to shortage of bullock carts as well
as due to the shortage of trucks. The agencies are not willing to offer the trucks on hire only for the
conveyance of material like rubble and further the implementing agencies are not in a position to control the

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material obtained and stacked at a private quarry etc., which cannot be transported to the road-side for the
want of the conveyance facilities. On account of these difficulties, Government had been considering carefully
the different aspects of the suggestions for assigning the work of obtaining and bringing rubble to the road-
side on the piece rate basis and to undertake the breaking of rubble into required size of metal at the road
side to facilitate the work of metal spreading on the roads under the Employment Guarantee Scheme.
Government is now pleased to approve the following procedure for obtaining, bringing and breaking of metal
for spreading on the roads, under the Employment Guarantee Scheme :-

(1) The operation of obtaining rubble from boulder quarry and conveyance of it to the road-side can be
permitted on piece rate basis by operating the Employment Guarantee Scheme rates for the lead upto
3 km. In case the lead exceed 3 km. the D.S.R. should be operated for working out the rate of
transport. The breaking of boulder rubbles into 1 -1 /2" to 2" metal should be done on the road-side by
engaging the labourers on muster roll under the Employment Guarantee Scheme.

(2) In case the rubble is required to be obtained from the sheet-rock quarry and the lead involved is
upto 3 km., the operation of obtaining rubble and conveyance of it to the road-side can be carried out
on the piece rate basis subject to the condition that the total rate payable should be a compressed rate
based on the D.S.R. for obtaining rubble and the Employment Guarantee Scheme rate for conveyance
of rubble to the road-side. The breaking of rubble into 1-1/2" to 2" size metal should be done on the
roadside by engaging the labourers on muster roll under the Employment Guarantee Scheme.

(3) When the rubble is to be obtained from the sheet-rock quarry and the lead involved exceeds 3 km.,
the operation of obtaining the rubble and its conveyance to the road-side can be treated as skilled item
and can be carried out by piece rate agreement by operating the D.S.R. The breaking of the rubble into
1-1/2" to 2" size metal should be done on the road side by engaging labourers on muster roll under the
E.G.S.

Metal breaking for the roads taken up under the Employment Guarantee Scheme

G. C., P. D., No. EGS. 1077/283/EMP-III, dated the 1st June, 1978

Read.-

(i) G. R., P. D., No. EGS. 1077/283/EMP-3, dated the 21st May,1977.

(ii) G. R., P. D., No. 1077/303/EMP-3, dated the 1st September, 1977.

CIRCULAR

The Government has already issued orders that as far as possible metal broken during the scarcity should be
utilised on the roads taken up under the Employment Guarantee Scheme and for this purpose labour material
ratio 60 : 40 between wages of unskilled labour and other items of expenditure on Employment Guarantee
Scheme works can be relaxed upto 40 : 60 when metalling of roads is taken under the Employment Guarantee
Scheme using the metal broken during scarcity vide Government Resolution No. EGS. 1077/303/EMP-3, dated
the 1st September, 1977. It has also been made clear under the para 3(b) of the above Government
Resolution that the implementing agencies should examine in respect of each of the road works taken up
under the Employment Guarantee Scheme, whether it would be cheaper to break locally available boulders
rather than transport metal (broken during scarcity) from a distance and resort to a cheaper method. The
doubts are, however, expressed whether in case where scarcity metal is not available breaking of metal can be
taken up for the road works sanctioned under the Employment Guarantee Scheme. The Government is pleased
to clarify that subject to maintenance of 60 : 40 ratio between wages and other items, there is no objection in
permitting breaking of metal for the road works taken up under the Employment Guarantee Scheme provided

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that boulders are available near road in question and metal is broken only to the extent required for use on
that particular road. Metal breaking as a separate work should not, however, be allowed under the
Employment Guarantee Scheme.

3. Repairs to ex-malguzari Tanks under E.G.S.-

Repairs to ex-malguzari tanks under the E.G.S. in Bhandara G. L., P. D., No. EGS-1575/917/75/P-4,
dated 7th March, 1975 Please refer to the correspondence resting with your D. O. letter No.
EGS/WS/163/75, dated the 19th February, 1975.

2. There is no objection to carry out repairs to the ex-malguzari tanks under the Employment
Guarantee Scheme provided the said tanks are not purely private tanks. The repairs should not cause
infringement of rights of any individual or nistar rights and wajib-ul-arz, if any. Please note that in no
circumstances should feeder channels or repairs undertaken in respect of ex-malguzari tanks the
benefits of which do not accrue to the public in general but only to a few private individuals.

4. Village Tanks -

Village Tanks under the E.G.S.

G. E., P. D., No. EGS. 1175/EMP-EGS, dated the 18th July, 1975.

(Below a copy of D. O. letter No. EGS. 1175/EMP-EGS, dated 17th July, 1975 of the Secretary to Government,
Planning Department which is addressed to the Collector of Buldhana).

It is noticed from your monthly progress reports of the EGS that a large number of village tanks have been
taken up. As you are aware village tanks cannot be considered purely productive works like percolation tanks
or irrigation tanks or canal excavation though the village tanks may be useful for impounding water for the
purpose of washing and as drinking water for cattle. I would like to know the circumstances in which you have
sanctioned such as large number of village tanks. I presume it would have been possible within the block or
within the adjoining block to provide productive works in which labourers under the EGS can be given work. If
so, I think village tanks ought not to be sanctioned, I should like you to review this question and send me a
detailed report. Pending the examination of this question, I would request you not to sanction any more village
tanks under the EGS in future and not to take up the work in respect of those village tanks which may have
been sanctioned but in respect of which work has not yet commenced or only a negligible amount of work has
been clone.

5. Flood Protection -

Flood protection works under the E.G.S.

G. R., P. D., No. EGS. 1075/2226-EMP-EGS, dated the 8th August, 1975

Read.-

(i) G. R., P. D,. No. EGS. 1074/3616/P-4, dated the 20th September, 1974.

(ii) G. R., P. D., No. EGS. 1075/P-4, dated the 14th February, 1975.

(iii) G. R., P. D., No. EGS. 1175/EMP-EGS, dated 7th June, 1975.

(iv) G. R., P. D., No. EGS. 1175/EMP-EGS, dated 26th June, 1975.

(v) G. R., P. D., No. EGS. 1075/EMP-EGS, dated the 7th July, 1975.

RESOLUTION
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The question whether the flood control works could be permitted under the Employment Guarantee Scheme
was under consideration of Government for sometime past. Government is pleased to direct that the flood
control work can be considered as productive work, just as work to prevent soil erosion is productive. Labour
intensive components of the flood control work can, therefore, be taken up under the EGS provided that the
work is done departmentally and wages to unskilled labourers are paid according to measurement of work and
at the rates prescribed for the Employment Guarantee Scheme works.

2. This Government Resolution issues with concurrent of the Irrigation Department vide Irrigation and Power
Department, No. EGS. 1075/35356/ MI-3.

6. Repairs to Irrigation Tanks :-

Repairs to irrigation tanks under the E.G.S.

G. L., P. D., No. EGS. 1575/14108-EMP-EGS, dated the 20th August, 1975 addressed to the Collector of
Chandrapur and endorsed to other Collec tors, etc. Reference your letter No. WS. AK - EGS/21/1975, dated
the 21st July, 1975.

2. The works of repairs arising from any natural calamity would be of emergent nature and cannot be
allowed to wait until labourers demand work under the Employment Guarantee Scheme. Moreover, the
repairs work may involve even greater skill than a normal work. It would, therefore, be necessary to
deal with such repairs including emergent repairs under the normal non-plan funds of the concerned
department. The repairs do not create new assets and therefore repairs expenditure is always classified
as non-plan. The Employment Guarantee Scheme Funds which are under the plan cannot be utilised for
repairs to the irrigation tanks.

7. Land development.

8. Repairs to irrigation/percolation tanks.

9. Nala Bunding etc.

Amendments and modification to the E.G.S.

G. R., P. D., No. EGS. 1075/EMP-EGS, dated the 21st January, 1976

RESOLUTION

The Committee on EGS appointed by the Legislature under the Chairmanship of Shri P. K. Sawant, M.L.A., to
examine, assess and evaluate the working of EGS has submitted its first report to Government. Government
has had under consideration the recommendations of the Committee and is pleased to issue the following
instructions in respect of some of the most important recommendations. The remaining recommendations are
still under the consideration of Government and appropriate orders will be issued in due course.

PLANNING

2. (a) Blue prints giving a call for voluntary help to private engineers etc.-

Due to inadequate technical staff in the districts the work of survey and preparation of plans and
estimates of works for inclusion in the blue prints has not taken momentum, and this has at times
resulted in non-availability of adequate number of works for providing work on a continuous basis to
the work seekers under the scheme. To meet the need of technical personnel, the district Collectors are
requested to give a call to the engineers in the private sector in the districts as also the final year
students of Agriculture/ Engineering Colleges to voluntarily come forward and help the implementing

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agencies in the survey work and preparation of plans and estimates of works proposed to be activated
in the districts. The Collectors are requested to keep Government informed of the results of these
appeals.

3. (b) Registration of employment seekers in forest villages.-

According to paragraph 3(iv) of Government Resolution, Planning Department, No.


E.G.S./1074/3616/P-4, dated the 20th September, 1974, the Secretary of each Village Panchayat has
to prepare an up-to-date register of employment seekers for the village in the prescribed form. In
some forest villages there are no Village Panchayats and in such villages there is no adequate
machinery or agencies to register the work seekers. In order to facilitate the registration of the work
seekers in the forest villages, Government is pleased to direct that the Panchayat Samiti Officers
should take the assistance of the Kotwal/Patil/Gaonkamgar/Mukhia or the Village Head whoever
available in the forest village for registering the names of the work seekers in such villages. The
Tahsildar should be in overall control of this work. Publicity to the scheme in forest villages and tribal
areas should invariably be given by beating of drum and in the mother tongue of the area.

ORGANISATION

4. Welfare measures for labourers.-

Women labourers employed on EGS work carry their children to the work-sites. In order to look after
the welfare of such children brought on the work-sites, the implementing officers of the EGS are
authorised to engage a woman labourer where the number of children exceeds 40 and engaged should
be paid a wage at the rate of Rs. 3 for the duration of 7 hours work.

5. (a) Selection of works.-

(i) Community wells.-

According to Government Resolution, Planning Department, No. EGS. 1074/3616/P-4, dated


20th September, 1974, deepening of partially dug community wells upto 40 feet can be taken
up under EGS provided the G.S.D.A. certifies about the success of the well. Government is now
pleased to direct that no new work on incomplete community wells taken up during the scarcity
should be taken up under EGS in future. The Collectors who are the Chief Co-ordinators of the
EGS are directed to note these instructions for scrupulous observance.

6. Removal of gajra grass (Parthenium weeds).-

Government has decided that before the work of removal of gajra grass is taken up on a mass scale in
the districts as a productive work it will be desirable to organise it on a pilot basis in 5 villages in one of
the districts in each Revenue Division for determining its utility and also arriving at norms of work to be
prescribed for this work per worker. Government is pleased to direct that the work of removal of gajra
grass should be taken up in 5 villages each in Nashik, Solapur, Aurangabad and Bhandara districts for a
period of three months subject to following conditions :-

(i) The selection of fields should be done in such a manner as to arrive at a compact area which
can provide continuous work for a week at the rate of 7 hours a day for about 40 to 50 workers
at least.

(ii) The prevailing agricultural wage in that village or Rs. 3 whichever is less may be paid for
labourers working on the removal of gajra grass for a successive 7 hours per day.

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(iii) The Collector should judge the response of the labourers and the norm of work on the basis
that a wage of Rs. 3 per day should be earned can be fixed as a result of their trials.

(iv) Where the work is to be undertaken on a private land, the cost should be recovered from
the holder of that land. The cost should be equal to the wages given to the labourers for the
period during which they were required to work for removal of the grass from his field.

(v) Removal of gajra grass from private lands should be taken up only after the landholder
beneficiary gives as undertaking that he will pay the cost of such removal.

(vi) The Collector of the districts concerned should send a detailed report of the trials conducted
in each of the selected villages to Government in the following proforma to enable to decide
whether the work should be included in the EGS as a productive work and if so on what terms
and conditions, wages, cost to be recovered from the beneficiaries etc.

District Taluka Village

    No. of labourers        
employed for

Sr. Date of Up- Carrying Acres of Total Expendi- Remarks


No operation of rooting uprooted land wages ture
removal of grass covered paid incurred
gajra grass per acre

(1) (2) (3) (4) (5) (6) (7) (8)

               
 
 

7. (iii) Village tank.-

Construction of new village tanks should not be taken up under the EGS for the present. However, in
order to enable adequate work to be provided for people who require work, percolation tanks should be
taken up in large numbers. The question of liberalising the norms of feasibility for percolation tanks in
the drought areas especially those which are already taken up during drought period or under EGS, are
under consideration and separate orders will be issued.

8. (b) Wages rate.-

Government has decided vide Government Resolution, Planning Department, No. EGS. 1075/P-4, dated
14th February, 1975 that wages rates on EGS should be fixed in accordance with the uniform norms
and the schedule of works evolve and is noicatlea in Annexure II to the said Government Resolution.
Government is now pleased to direct that the schedule of wages should be liberalised in such a manner
that an average worker putting in 7 hours work can in fact get Rs. 3 per day. The revised schedule is
under preparation and will be circulated in the course of the next few days. The new wage rates should
become applicable with effect from 1st February, 1976. Ten percent (10%) of the total calculated on
this basis should be kept aside for creating a reserve to be drawn upon by workers in times of need
etc., and the remaining ninety percent (90%) should be paid to him. Orders regarding utilisation of the
reserve will be issued in due course.

9. Condition for starting EGS work.-

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According to orders in para graph 10 of Government Resolution, Planning Department, dated 20th
September, 1974, read with Government Resolution, Planning Department, No. EGS. 1075/P-4, dated
14th February, 1975 work under EGS can be commenced only if there are 50 or more persons requiring
work. If less than 50 persons come forward they are to be absorbed on the continuous works. An
exception for commencing a work under the scheme is made in hilly and adivasi areas if the Collector
in his discretion considers that there exists a potential demand for work and that more than 50 persons
would come forward within a week of actual commencement of work. Government is now pleased to
direct that in hilly and adivasi areas as an exception to the general conditions a new work can be
commenced when 20-25 persons make a demand for work.

Appointment of sub-groups for preparation of Blue-Prints of the E.G.S. Works

G.R.,P.D., No. EGS. 1075/EMP-EGS, dated the 20th November, 1975

Read.-G.R.,P.D., No. EGS. 1075/EMP-EGS, dated the 7th July, 1975

RESOLUTION

In para 2 of the Government Resolution, Planning Department, No. EGS. 1075/EMP-EGS, dated the 7th July,
1975, Government had directed that for each district, the blue-prints of works should include schemes
involving an aggregate outlay of about Rs. 3 crores per year. It was also directed that the blue-prints should
be prepared immediately and got approved by the District Level Employment Committees. It is, however,
observed that the blue-prints are yet to be finalised by most of the districts. In order to ensure that each
District is ready with blue-prints of works which can be immediately put into operation (to provide employment
to the needy people) it is absolutely necessary that preparation of the blue-prints is given high priority and
under no circumstances it is delayed.

In order to ensure preparation of the blue-prints in time, Government is pleased to direct that in each district,
a sub-group should be appointed as below :

(1) Collector of District Convenor

(2) Executive Engineer, Irrigation Department Member

(3) Executive Engineer, Public Works and Housing Department Member

(4) Executive Engineer. Zilla Parishad Member

The Collector is empowered to co-opt in the sub-group such other District Level Officer as he deems
necessary.

3. It would be desirable to prepare the blue-prints in two parts namely Part I consisting of blue-prints of
schemes or projects which are ready for being taken up immediately under the Employment Guarantee
Scheme whenever contingency of providing immediate employment to the needy workers arises. Part II should
consist of the works/schemes which are prima facie feasible for being taken up under the Employment
Guarantee Scheme but for which preliminary steps such as survey, investigation, detailed plans and estimates
are necessary.

4. Government desires that the Part I of the blue-prints is immediately prepared and kept ready before the
31st December, 1975. The Part II should be simultaneously taken up and should be completed not later than
29th February, 1976.

5. It is impressed upon the Collectors and other implementing officers that the work of preparation of blue-
prints of the work is given the utmost importance on which the success of the Employment Guarantee Scheme

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is dependent and the work is completed scrupulously by the dates indicated above.

_______________

1. Proviso was added by Mah. 24 of 1980, Section 3(a).

2. These words were inserted by Mah. 51 of 2006, Section 5(a).

3. These words were substituted for the words "lowest zone" by Mah. 13 of 1989, Section 2.

4. This portion was added by Mah. 24 of 1980, Section 3(b).

5. These words were substituted for the words "may be exempted on the basis of a piece rate system" by Mah. 6 of 1995, Section 2.

6. This was substituted for the portion beginning with "only that much subsidy" and ending with "Employment Guarantee Fund" by Mah. 24 of

1980, Section 3(c).

7. These words were substituted for the words "an ex gratia payment of such amount" by Mah. 51 of 2006, Section 5(b).

8. These words were substituted for the words "of rupees five thousand" by Mah. 26 of 1993, Section 2(i).

9. These words were substituted for the words "shall not exceed five thousand rupees", ibid. ,Section 2(ii).

Section 7A - Provision for permission to be absent and ex gratia payment in cases of maternity and
sterilization operations and of accidents to accompanying children etc.

1[(1) Subject to such conditions as the State Government may by general or special order, specify, every
woman, who has been employed under the Scheme for a period of not less than one hundred and fifty days,
or for such lesser period as may be prescribed, in the twelve months immediately preceding the date of her
expected delivery, shall be permitted to be absent from work for a period of thirty days, and during this period
ex gratia payment of daily wages payable or paid to her in the month immediately preceding the date from
which she absents herself on account of such permission.

(2) Subject to such conditions as the State Government may, by general or special order, specify, every
person, who has been employed under the Scheme and undergoes sterilization operation or any other
operation or treatment for birth control and family planning as may be approved in this behalf by the State
Government, shall be permitted to remain absent from work for rest and recuperation for such period not
exceeding fourteen days as may be recommended by a medical officer approved by the State Government,
and during this period to ex gratia payment of his average daily wages.

(3) If personal injury is caused by accident to a child accompanying any person, who has been employed
under the Scheme, or where temporary, partial or total disablement or death of such child results from such
injury, the person shall be entitled, free of charges, to such medical treatment for the child as the State
Government may, by general or special order, determine, and to ex gratia payment of such amount as may be
determined by the Collector or by an officer authorised by him, in this behalf, which shall in no case exceed
the scale laid down in clause (xiv) of sub-section (2) of section 7 for personal injuries etc., caused to the
person concerned.

(4) The State Government may, on the merits of each case, sanction ex gratia payment to any person who

has been employed under the Scheme of such amount, not exceeding 2[the amount of ex gratia payment
determined by a general order, issued by the State Government under clause (xiv) of sub-section (2) of
section 7] as it deems necessary to meet any other like hardships or contingencies not provided for in this
section, arising out of his employment on an Employment Guarantee Scheme work, subject to such conditions
as it may deem fit to impose by general or special order.]

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NOTES

A separate section 7A in the principal Act is inserted which inter alia provides for grant of permission to remain
absent from work and ex gratia payment to women employed under the Scheme towards maternity and for all
persons who undergo approved operation or treatment for birth control and family planning and similar
benefits. It further provides for free medical treatment and ex gratia payment for personal injuries due to
accidents to persons employed under the Scheme. It also extends the benefit of such provision in cases of
children, who accompany mother.

Statement of Objects and Reasons.-A consequential or connected amendment is also proposed to be


carried out in section 7A of the Act which also makes provision for payment of ex gratia payment to a person
employed under the Scheme, to meet any other like hardships or contingencies not provided for and arising
out of his employment under the Scheme.- [Mah. Act No. 26 of 1993.]

CIRCULAR

It has already been directed under Government Circular, Irrigation Department, No. EGS. 1080/3/MIN-I, dated
25th February, 1980, that the Local Officers should follow the instructions contained in the Government
Resolution, Planning Department, No. EGS. 1078/105-EMP-IV, dated 6th February, 1979 in case of occurrence
of an accident to the labourers on Employment Guarantees Scheme works. It has also been directed that the
implementing officers should approach the concerned District Collector for deciding the amount of ex gratia
payment.

The para 4 of Planning Department's Circular, dated 6th February, 1979 mentions the names of the officers to
whom report in case of death or injury to a person on Employment Guarantee Scheme work is to be made. It
is hereby directed that copy of such report should also be sent invariably to the concerned Collector of the
District.

Medical Treatment or Ex gratia payment in case of death or permanent disablement on account of


accident under E.G.S.

G. C., P. D., No. EGS-1080/85/35, dated 10th September, 1980

CIRCULAR

Under Government Resolution, Planning Department, No. EGS-1078/ 105/EMP-IV, dated the 6th February,
1979, instructions have been issued in pursuance of section 7(2)(xiv) of the Maharashtra Employment Guaran-
tee Act, 1977 indicating steps to be taken for medical treatment in case of injury and ex gratia payment in
case of death or disablement caused to the persons employed under the Employment Guarantee Scheme.

2. A point has arisen that if the labourers on the Employment Guarantee Scheme works while taking their
lunch during lunch recess meet with an accident on the work, whether the accident would be treated as having
arisen out of and in the course of employment within the meaning of the expression in the said section 7(2)
(xiv).

3. In P. F.Davis and Co. v.Kesto Routh, AIR 1968 Cal. 129, the Calcutta High Court has held that a injury
received within reasonable limits of time and space, for instance, in cases where the workman meets with an
accident while in the act of satisfying thirst or satisfying thirst or satisfying his bodily needs, in the use of food,
drink and even tobacco, is to be regarded as injury received in the course of employment. The principle
underlying is that an act which is reasonable and necessary, having regard to all the circumstances, though
not one which is part of the workmen's original duty may be within the sphere of his employment. What is
necessary is that there should be casual connection between the accident and the employment and further
that the cause should be approximate cause and not a very remote cause. But at the same time if a workman
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in the course of his employment has to be in a particular place and by reason of his being in that particular
place has to face a situation in which he receives injuries that fact itself would be a sufficient casual connection
between the employment and the accident. The High Court has also held that a workman while in employment
must necessarily be subject to all the needs and calls of nature to which any other man would also be subject.

4. In the types of cases mentioned above, it can reasonably be held that the accident arose in the course of
the employment and in that view Government would be liable to pay ex gratia payment as admissible to the
legal heirs of the deceased. The Collectors are requested to follow the above clarification while dealing with
such cases.

Medical treatment in case of injury and ex gratia payment in case of death or permanent disablement
under E.G.S.

G. R., P. D., No. EGS-1078/105/EMP-IV, dated 6th February, 1979

RESOLUTION

The Maharashtra Employment Guarantee Act, 1977 (Maharashtra XX of 1978) has been brought into force
with effect from 26th January, 1979. Section 7(2)(xiv) of the Act provides for medical treatment in case of
injury and ex gratia payment in case of death or disablement caused to persons employed under the
Employment Guarantee Scheme. Government is pleased to issue following instructions in this regard

1. Medical treatment.-If any personal injury is caused to any person employed under Employment
Guarantee Scheme by accident arising out of and in the course of his duty, he will be entitled to free medical
treatment and hospitalisation, if necessary. It shall be the duty of the implementing officer-in-charge of the
work or his representative to arrange for the transport of the workers to the nearest primary health centre or
to the hospital and arrange for his admission there, if necessary. In case of hospitalisation of the injured
worker, charges of accommodation, treatment and diet will be borne by the Government during the period he
remains in the hospital. During this period he will also be entitled to receive payment at the rate of Rs. 1.50
per day.

2. Ex gratia payment in case of death or permanent disablement.-

(a) If a worker dies by accident arising out of and in the course of his employment under Employment
Guarantee Scheme, ex gratia payment of Rs. 5,000/- shall be paid to legal heirs. For this purpose a
certificate from the medical officer of the nearest primary health centre to effect that the person died
out of an accident and a certificate from the implementing officer that the person had died by accident
arising out of and in the course of his employment on the Employment Guarantee Scheme work, will be
required. The ex gratia payment to the legal heirs will be sanctioned by the Collector after making
necessary enquiries and the disbursement shall be effected.

(b) If on account of injury caused to a worker by accident arising out of and in the course of his
employment on an Employment Guarantee Scheme work, he becomes permanently disabled he is
entitled to ex gratia payment at the rate specified below :-

(i) In case of permanent total disablement, the ex gratia payment shall be Rs. 5,000/-. The list
of injuries which are deemed to result in permanent total disablement is given in Annexure I.

(ii) The list of injuries mentioned in Annexure II shall be treated to be the injuries deemed to
result in permanent partial disablement and the ex gratia payment payable will be worked out
on the basis of the per cent. of loss of earning capacity for each type indicated against each
injury assuming that the ex gratia payment for 100 per cent loss of earning capacity is Rs.
5,000/-.
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3. For the purpose of considering an application for ex gratia payment in case of disablement a certificate from
the medical officer of the nearest primary health centre indicating the nature of injury and certificate from the
implementing officer that the above injury was caused by accident arising out of and in the course of his
employment in the Employment Guarantee Scheme work will be necessary. The ex gratia payment in case of
disablement will be sanctioned by the Collector after making necessary enquiries and the disbursement will be
effected by the Samiti Officer.

4. In case of death or injury to a person on an Employment Guarantee Scheme work, the implementing officer
shall forthwith report the matter to the medical officer of the nearest primary health centre, nearest Police
Station and the Samiti Officer.

5. The expenditure on this account should be debited to "Demand No. 181 - Major Head, 314, Community
Development-(t) Minor Irrigation-Subhead (t)(ii) Employment Guarantee Scheme-(t)(ii)(b) Medical treatment
and exgratia payments (Non-plan) and met from grants sanctioned thereunder.

6. These orders are issued in consultation of the Finance Department vide its un-official reference No.
4296/SFD, dated 21st September, 1978.

ANNEXURE I

List of injuries deemed to result in permanent total disablement

Sr. No Description of injury Percentage of loss of


earning capacity

(1) (2) (3)

1. Loss of both hands or amputation at higher sites 100

2. Loss of a hand and a foot 100

3. Double amputation through leg or thigh, or 100


amputation through leg or thigh on one side and
loss of other foot.

4. Loss of sight to such an extent as to render the 100


claimant unable to perform any work for which
eye-sight is essential

5. Very severe facial disfigurement 100

6. Absolute deafness 100

ANNEXURE II

List of inquiries deemed to result in permanent partial disablement

Sr. Description of inquiry percentage of loss of


No earning capacity

(1) (2) (3)

  Amputation Cases - upper limbs (either arm)  

1. Amputation through shoulder joint 90

2. Amputation below shoulder with stump less than 8" from 80

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tip of acromion

3. Amputation from 8" from tip of acromion to less than 4- 70


1 / 2" below tip of olocranon

4. Loss of a hand or of the thumb and four fingers of one 60


hand of amputation from 4-1/2" below tip of olocranon

5. Loss of thumb 30

6. Loss of thumb and its metacarpal bone 40

7. Loss of four fingers of one hand 50

8. Loss of three fingers of one hand 30

9. Loss of two fingers of one hand 20

10. Loss of terminal phatanx of thumb 20

Amputation cases - lower limbs

11. Amputation of both feet resulting in end bearing stumps 90

12. Amputation through both feet proximal to the 80


matatarso-phalangeal joint

13. Loss of all toes of both feet through the metatarso- 40


phalangeal joints

14. Loss of all toes of both feet proximal to the proximal 30


inter-phalangeal joint

15. Loss of all toes of both feet distal to the proximal inter- 20
phalangeal joint

16. Amputation of a hip 90

17. Amputation below hip with stump not exceeding 5" in 80


length measured from tip of great trenchanter

18. Amputation below hip with stump exceeding 5" in length 70


measured from tip of great trenchanter but beyond
middle thigh

19. Amputation below middle thigh to 3-1/2" below knee 60

20. Amputation below knee with stump exceeding 3-1/2" 50


but not exceeding 5"

21. Amputation below knee with stump exceeding 5" 40

22. Amputation of one foot resulting in end-bearing 30

23. Amputation through one foot proximal to the 30


metatarsophalangeal joint

24. Loss of all toes of one foot through the metatarso- 20


phalangeal joint

Other Injuries

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25. Loss of one eye, without complications, the other being 40


normal

26. Loss of vision of one eye, without complications or 30


disfigurement of eye-ball the other being normal Loss of
-

A. Fingers of right or left hand Index finger  

27. Whole 14

28. Two phalanges 11

29. One phalanx 9

30. Guillotine amputation of tip without loss of bone 5

Middle finger

31. Whole 12

32. Two phalanges 8

33. One phalanx 7

34. Guillotine amputation of tip without loss of bone 4

Ring or Little finger

35. Whole 7

36. Two phalanges 6

37. One phalanx 5

38. Guillotine amputation of tip without loss of bone 2

B. Toes of right or left foot great toe

39. Through metatarso-phalangeal joint 14

40. Part with some loss of bone 3

Any other toe

41. Through metatarso-phalangeal joint 3

42.    

Part with some loss of bone 1

Two toes of one foot, excluding great toe

43. Through metatarso-phalangeal joint 5

44.    

Part with some of loss bone 2

Three toes of one foot excluding great toe

45. Through metatarso-phalangeal joint 6

46. Part with some loss of bone 3

Four toes of one foot excluding great toe  


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47. Through metatarso-phalangeal joint 9

48. Part with some loss of bone 3

Note.-Complete and permanent loss of the use of any limb or member referred to above shall be
deemed to be the equivalent of the loss of that limb or member.

_______________

1. Inserted by Mah. 47 of 1983, Section 2.

2. These words were substituted for the words "five thousand rupees" by Mah. 26 of 1993, Section 3.

Section 8 - Conditions applicable for guaranteed employment to adult persons in rural areas

(1) Every adult person who-

(i) is residing in any rural area;

(ii) is willing to do any unskilled manual work; may get his name and address registered with an
authority or officer specified by the State Government in this behalf (hereinafter referred to as "the
registering authority") who shall register the name and address of such person, after making such
enquiry as it deems fit. The registration shall be for such period as may be laid down in the Scheme
and may be renewed, from time to time. The registering authority, if satisfied that any person has got
himself registered by making a false declaration of his age, may, after giving reasonable opportunity to
the person concerned of being heard, delete his name from the register.

(2) Every registered person shall be entitled to be provided with employment in accordance with the Scheme
for the time being in force.

(3) It shall be the duty of the State Government to provide employment in accordance with the provisions of
the Scheme to every such registered person, if a letter asking for such employment and stating therein the
period for which employment is required and the period for which such a person is willing to work
continuously, which shall not be less than one month, is received from such person by the Samiti Officer or by
the Gram Sevak or the Talathi, as may be specified by the State Government, within whose jurisdiction the
village where the person resides is situated. Such person shall be provided with employment as far as possible
on any work within the area of the Panchayat Samiti where he resides, but in any case not outside the District.

(4) If within 15 days of the receipt of the letter for employment under the Scheme by the Samiti Officer or by
the Gram Sevak or the Talathi, as the case may be, the State Government is unable to provide employment to
such person under the Scheme, in the manner mentioned in sub-section (3), the person shall be entitled to
receive from the Employment Guarantee Fund an unemployment allowance at such rate as may be fixed by
the State Government from time to time, but not less than Re. 1 per day.

(5) The liability of the State Government to pay unemployment allowance under sub-section (4) shall
commence after the expiry of 15 days from the receipt of the letter for employment by the Samiti Officer or by
the Gram Sevak or the Talathi, as the case may be, and shall cease immediately after the Samiti Officer, by a
letter sent to the person on the address mentioned in the register, directs him to report at any work taken up
under the Scheme.

(6) Notwithstanding anything contained in this Act, if the State Government is during any period unable, owing
to circumstances beyond human control like rains, or other unusual natural calamities; to provide employment
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under sub-section (3), there shall be no liability on the State Government to pay the unemployment allowance
under sub-section (4) during that period.

(7) When it is not expedient for the State Government to provide employment immediately on works
sanctioned under the Scheme notwithstanding anything to the contrary contained in any other law for the time
being in force, it shall be lawful for the Collector to issue directives to the Village Panchayats to take up such
works as are prescribed, from the Village Employment Fund constituted under the Bombay Village Panchayats
Act, 1958, for such duration as he may direct. If a person from whom a letter has been received under sub-
section (3) is provided with employment on such works, he shall be deemed to have been provided with
employment under that sub-section.

(8) The unemployment allowance to be paid to an unemployed person under sub-section (4) shall be
sanctioned and paid by an authority empowered by the State Government in this behalf and for this purpose
the State Government may prescribe such procedure as it deems fit.

(9) No person shall be entitled to any unemployment allowance under sub-section (4), if he -

(i) does not accept employment provided to him under sub-section (3);

(ii) does not report for work within 7 days of being asked to do so;

(iii) continuously remains absent from work, without the permission of the implementing officer, for a
period of more than one week, or remains absent for a total period of more than one week in any
month.

(10) Any person, who is provided with employment under sub-section (3) and does not accept the same or
who loses his entitlement to the unemployment allowance under sub-section (9), shall stand debarred from
claiming unemployment allowance for a period of three months, but during this period of three months, shall
not be debarred from getting employed on any works. Such defaults shall be reported by the Samiti Officer to
the concerned registering authority.

(11) Whenever any dispute arises between any person who sends a letter for employment under sub-section
(3) and the Samiti Officer, it shall be referred by the Samiti Officer to such authority as the State Government
may prescribe and the decision of such authority shall be final. The aggrieved person may also refer the
dispute directly to the authority. The State Government may prescribe the procedure to be followed by such
authority while deciding such disputes, as well as the functions and the powers of the authority.

(12) Notwithstanding anything contained in the foregoing sub-sections, where there is no able bodied adult
member in a family, a minor member of such family, who has completed his age of fifteen years, shall also be
entitled to register his name and address under sub-section (1) and shall be paid wages according to the
quantum of his work.

Explanation.-For the purposes of this sub-section the expression 'member in a family' means a
husband, wife, father, mother, brother or sister residing together.

(13) The registering authority specified under sub-section (1) shall prepare and maintain such register or
registers and in such manner and issue such identity cards or pass books as may be prescribed. The
registering authority shall send such list or lists of the names and addresses of persons registered with it and
supply such other information to the Samiti Officer at such times and in such forms as may be prescribed.

NOTES

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It is well known that the statutory minimum wage is primarily an instrument of social protection for workers.
Section 7(2)(vii) of which provides for payment of total wages equal to the minimum wage for agricultural
labour in the lowest zone to a worker employed and working in higher zone is ultra vires as it is violative of
Art. 23 of the Constitution. Reading the section properly and in its proper prospective it will mean that the
Schedule of rates shall be so fixed that a person working deligently for 7 hours a day would normally get a
total wage equal to the minimum wage for agricultural labourer fixed by the State Government for the zone
concerned. Paying the worker less than the minimum wage fixed for the agricultural labourer for the zone
concerned will obviously amount to double disadvantage in as much as the minimum wage for workers who
are normally engaged to carry out these works is much higher than the wage fixed for agricultural labourer.

The unemployment allowance, paid under section 8 of the bare Act being a subsistence or survival allowance,
it cannot fell down the base starvation level.

The State Government has to fix the unemployment allowance according to law and until that is done as it will
be unjust to continue the present situation i.e., payment of Re. 1/- per day which is less than the dole, as an
ad hoc measure Rs. 2/- per day would be reasonable unemployment allowance subject of course to alteration
later when as a result of further study and research Government is able to decide the question.- Ahmednagar
Zilla Shet Mazdoor Union v. State of Maharashtra, 1985 Mah. L. J. 318.

Section 9 - Penalty for drawing unemployment allowance when employed elsewhere

Any person, -

(a) who has an employment but sends a letter asking for employment under sub-section (3) of section
8 and draws unemployment allowance under sub-section (4) of that section; or

(b) who is in receipt of unemployment allowance under sub-section (4) of section 8 and accepts
employment elsewhere but does not bring this fact to the notice of the Samiti 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.

Section 10 - Samiti Officers and their functions

(1) For every Panchayat Samiti area, the State Government shall appoint a Panchayat Samiti Level Officer, to
be called the Samiti Officer, for the implementation of the Scheme in Panchayat Samiti area concerned.

(2) The Samiti Officer shall, from time to time, obtain from the registering authority a list containing the
names and addresses of persons registered with it.

(3) The works to be taken up under the Scheme shall be sanctioned by the State Government or the Collector
or by such other officer as the State Government may specify for this purpose, subject to such limits on the
costs of works as the State Government may, by order, specify. The Samiti Officer shall, from time to time,
obtain from the Collector a list of works sanctioned within the District.

(4) On receipt of a letter for employment under sub-section (3) of section 8, the Samiti Officer shall decide to
which sanctioned work in his Panchayat Samiti area the applicant may be directed, and accordingly inform the
applicant and also the officer in charge of the execution of the work. It is not possible for the Samiti Officer to
direct the person to any work in his Panchayat Samiti area, he may, in consultation with the Collector, direct
him to a work outside the Panchayat Samiti area, but within the District.

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(5) The Collector and other implementing agencies in the District shall be responsible for the funds placed at
their disposal by the State Government. They shall maintain the accounts of employment and expenditure in
such manner as may be prescribed.

Section 11 - Provision for employment on other works

(1) Whenever any work taken up under the Scheme is completed and it is not longer possible to provide
unskilled manual employment on such work, it shall be the duty of the implementing officer concerned to
report this fact to the Collector as well as to the Samiti Officer concerned. It shall then be the duty of the
Samiti Officer to direct the persons employed on such works to any other work already taken up under the
Scheme or to a work to be started under the Scheme with the sanction of the Collector or of the State
Government, as the case may be.

(2) If within four days of the receipt of intimation of the completion of the work, the Samiti Officer is unable to
direct the workers employed on such work to any other work under the Scheme as mentioned in sub-section
(1), the State Government shall from the fifth day onwards pay to the person concerned unemployment
allowance as per sub-section (4) of section 8.

(3) If the person who under sub-section (2) has been asked by the Samiti Officer to report at any other work
under the Scheme fails to do so within 7 days of being directed by the Samiti Officer to do so, he shall stand
debarred from claiming unemployment allowance as if he has been disqualified under sub-sections (9) and
(10) of section 8.

(4) The State Government's liability to pay unemployment allowance under sub-section (2) shall cease
immediately after the Samiti Officer directs the person concerned to report at some other works, either
existing or yet to be started, under the Scheme.

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 read with the Maharashtra Tax Acts
(Amendment) Act, 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;]

(b) any contributions or grants made by the State Government, the Central Government or any local
authority;

2[(b-l) any sum received from the Central Government under section 28 of the Central Act;]

(c) any sums received from other bodies or individuals whether incorporated or not.

3[(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.
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(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 4[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, 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.

_______________

1. Clause (a) was substituted for the original by Mah. 5 of 2008, Section 14(a).

2. Clause (b-1) was inserted by Mah. 51 of 2006, Section 6.

3. Sub-section (3A) was inserted by Mah. 5 of 2008, Section 14(b).

4. Inserted by Mah. 47 of 1983, Section 3.

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.

_______________

1. This word and letter was substituted for the words "the Schedule" by Mah. 51 of 2006, Section 7.

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, the exercisable also by such officer or officers
subordinate to it as may be specified in the notification.

_______________

1. These 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, Section 4.

Section 14A - Penalties

1[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.]

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_______________

1. Section 14-A was inserted by Mah. LI of 2006, Section 8.

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 - 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.

NOTES

Whether M.R.T.U. and P.U.L.P. Act and Industrial Disputes Act are applicable to persons working
under Employment Guarantee Scheme.-In this case respondent No. 1 worked for more than 240 days
while terminating one month's notice not given and juniors are retained. The question before the High Court
that whether M.R.T.U. and P.U.L.P. Act and I. D. Act are applicable to persons working under Employment
Guarantee Scheme. It was held by the High Court that persons working under Employment Guarantee Scheme
are not governed by provisions of M.R.T.U. and P.U.L.P. Act and I. D. Act. Employment Guarantee Scheme is
not an industry and Industrial Court will not have jurisdiction to give reliefs. Section 16 of the Maharashtra
Employment Guarantee Act, 1977 lays down, rules, notification would be entitled to the benefit to respondent
No. 1 but he is not entitled to get relief by restoring to M.R.T.U. and P.U.L.P. and I. D. Act. The High Court
quashed and set aside the judgment and order passede by the Labour Court.- Arvind G. Chaudhary and Anr.
v. Dhanraj Nathu Patil & Anr., 2008 (5) Bom. C.R. 106 : 2008 (5) All M.R. 89.

Section 16A - Power to amend Schedule II and III

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.]

________________

1. Sections 16-A and 16-B were inserted by Mah. 51 of 2006, Section 9.

Section 16B - Application of the provision of the Act in areas specified in Schedule II with modifications

Notwithstanding anything contained in section 1 of any other provisions of this Act, on and from the date of
commencement of the Maharashtra Employment Guarantee (Amendment) Act, 2006 (Mah. LI of 2006),
provisions of this Act shall apply to the areas specified in Schedule II, subject to the following modifications,
namely :-

(I) In section 2,-

(A) after clause (a), the following clauses shall be inserted, namely :-

"(a-a1) "applicant" means the head of a household or any of its other adult member who
has applied for employment under the Scheme;
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(a-a2) "Block" means a community development area within a district comprising a


group of Gram Panchayats;";

(B) after clause (a-2), the following clause shall be inserted, namely :-

"(a-3) "District Programme Co-ordinator" means an officer designated as such under


sub-section (1) of section 6-1A for implementation of the Scheme in a district;";

(C) in clause (d), for the words "and other local authority" the words "Panchayat Samiti, Gram
Panchayat or any other local authority or Non-Governmental Organisation authorised by the
State Government" shall be substituted;

(D) after clause (e), the following clause shall be inserted, namely :-

"(e-la) "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;";

(E) after clause (g), the following clause shall be inserted, namely :-

"(g-1) "preferred work" means any work which is taken up for implementation on a
priority basis under a Scheme;";

(F) after clause (i), the following clauses shall be inserted, namely :-

"(i-a) "Programme Officer" means an officer appointed under section 10 for


implementing the Scheme;

(i-b) "project" means any work taken up under a Scheme for the purpose of providing
employment to the applicants;";

(II) In section 5, in sub-section (2), for the words "Samiti Officers" the words "Programme Officers"
shall be substituted.

(III) For section 6, the following sections shall be substituted, namely :-

"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 the Act.

(2) The function of the Zilla Parishad shall be,-

(a) to finalise and approve blockwise shelf of projects to be taken up under a


programme 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 the by the State
Council, from time to time.

(3) The function of the Panchayat Samiti shall be,-

(a) to approve the Block level plan for forwarding it to the Zilla Parishad for final
approval;
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(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 shall assist the Zilla Parishad in discharging its
function under this Act and any Scheme made thereunder.

6-1A. 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-
ordination for the implementation of the Scheme in the district.

(2) The District Programme Co-ordinator shall be responsible for the implementation of
the Act and the rules made thereunder.

(3) The function 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 clearance, 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 entitlement 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 applicant.

(4) The State Government shall delegate such administrative and financial powers to the
District Programme Coordinator as may be required to enable him to carry out his
function under the Act.

(5) 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 this functions under this Act and the Schemes made
thereunder.

(6) 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.

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6-1B. Responsibilities of Gram Panchayat.-

(1) 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 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 the 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 require
technical standards and measurements.

6-1C. 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."

(IV) In section 7,-

(1) in sub-section (2),-

(a) for clause (i), the following shall be substituted, namely :-

"(i) The focus of the Schemes shall be on the following works in their order of
priority :-

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(a) water conservation and water harvesting;

(b) drought proofing (including afforestation and tree plantation);

(c) irrigation canals including micro and minor irrigation works;

(d) provision of irrigation facility to land owned by household belonging to the


Scheduled Castes and the Scheduled Tribes or to land of beneficiaries of land
reforms or that of the beneficiaries under the Indira Awas Yojana of the
Government of India;

(e) renovation of traditional water bodies including distilling tanks;

(f) land development;

(g) flood control and protection works including drainage in water logged areas;

(h) rural connectivity to provide all-weather access; and

(i) any other work which may be notified by the State Government.";

(b) after clause (vii), the following clause shall be inserted, namely :-

"(vii-a) Under no circumstance shall the labourers be paid less than wage rate;";

(c) in clause (viii), for the words "Samiti Officer" the words "Programme Officer" shall be
substituted;

(d) after clause (viii), the following clause shall be inserted, namely :-

"(viii-a) As far as practicable, a task funded under the Scheme shall be performed
by suing manual labourer and not by machines."

(f) after clause (x), the following clause shall be inserted, namely :-"

(x-a) The Scheme shall be subject to appropriate arrangements as may be laid


down by the State Government under the rules issued by it for the proper
maintenance of the public assets created under the Scheme.";

(g) after clause (xi), the following clause shall be inserted, namely :-

"(xi-a) The cost of material component of projects including the wages of the
skilled and semi-skilled workers taken up under the Scheme shall not exceed
forty per cent. of the total project costs.";

(h) after clause (xiii), the following clause shall be inserted, namely :-

"(xiii-a) Every Scheme shall contain adequate provisions for ensuring


transparency and accountability at all levels of implementation.

(xiii-b) The District Programme Co-ordinator, the Programme Officer and the
Gram Panchayat implementing the Scheme shall prepare annually a report
containing the facts and figures and achievements relating to the implementation
of the Scheme within his or its jurisdiction implementation of the Scheme within
his or its jurisdiction and a copy of the same shall be made available to the public
on demand and on payment of such fee as may be specified in the Scheme.

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(xiii-c) All accounts and records relating to the Scheme shall be made available
for public scrutiny and any person desirous of obtaining a copy of relevant
extracts therefrom may be provided such copies or extracts on demand and after
paying such fee as may be specified in the Schemes.

(xiii-d) A copy of the muster rolls of each Scheme or project under a Scheme
shall be made available in the office of the Gram Panchayat and the Programme
Officer for inspection by any person interested after paying such fee as may be
specified in the Scheme."

(2) in sub-section (3), the words "or the Talathi, as the State Government may specify"
shall be deleted.

(V) in section 8,-

(1) for sub-sections (1), (2) and (3), the following sub-sections shall be substituted, namely :-

"(1) (a) The adult members of every household who -

(i) reside in any rural areas; and

(ii) are willing to do unskilled manual work, may submit their names, age and the
address of the household to the Gram Panchayat at the village level, in the
jurisdiction of which they reside for registration of their household for issuance of
a job card.

(b) It shall be the duty of the Gram Panchayat to register the household, after making
such enquiry as it deems fit and issue a job card containing such details of adult member
of the household affixing their photographs, as may be specified by the State
Government in the Scheme.

(c) The registration made under this sub-section shall be for such period as may be laid
down in the Scheme, but in any case not less than five years, and may be renewed from
time to time.

(d) If the Gram Panchayat is satisfied at any time that a person has registered with it by
furnishing false information, it may direct the programme Officer to direct his name to
be struck off from the register and direct the applicant to return the job card :

Provided that, no such action under this paragraph shall be directed unless the
applicant has been given an opportunity of being heard in the presence of two
independent persons.

(2) (a) Every adult member of a registered household whose name appears in the job card
shall be entitled to apply for unskilled manual work under the Scheme.

(b) All registered persons belonging to a household shall be entitled to employment in


accordance with Scheme made under the provisions of this Act, for as many days as
each applicant may request.

(3) (a) The Programme Officer shall ensure that every appli cant referred to in sub-section
(2) shall be provided unskilled manual work in accordance with the provisions of the Scheme
within fifteen days of receipt of an application or from the date he seeks work in case of
advance application, whichever is later :

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Provided that, priority shall be given to women in such a way that at least one-
third of the beneficiaries shall be women who have registered and requested for
work under this Act.

(b) Application for work must be for at least fourteen days of continuous work.

(c) Application for work may be submitted in writing to the Gram Panchayat or to the
Programme Officer, as may be specified in the Scheme.

(d) As far as possible, employment shall be provided within a radius of five kilometers of
the village where the applicant resides at the time of applying.";

(4) In sub-section (4),-

(i) for the words "the Samiti Officer or by the Gram Seuak or the Talathi, as the case
may be," the words "Programme Officer" shall be substituted;

(ii) for the words "at such rate as may be fixed by the State Government from time to
time, but not less than Re. 1 per day" the words "at such rate as may be specified by the
State Government, by notification in consultation with State Council" shall be
substituted;

(5) in sub-section (5),-

(i) for the words "the Samiti Officer or by the Gram Seuak or the Talathi, as the case
may be," the words "the Programme Officer" shall be substituted;

(ii) for the words "Samiti Officer" the words "Programme Officer" shall be substituted;

(6) in sub-sections (10) and (11), for the words "Samiti Officer", wherever they occur, the
words "Programme Officer" shall be substituted;

(7) in sub-section (13),-

(i) for the words "identity cards" the words "job cards" shall be substituted;

(ii) for the words "Samiti Officer" the words "Programmed Officer" shall be substituted;

(8) after sub-section (13), the following sub-section shall be added, namely :-

"(14) The persons employed under any Scheme made under this Act shall be entitled to
such additional facilities not less than the minimum facilities mentioned in the Schedule
III.".

(VI) In section 9, for the words "Samiti Officer' the words "Programme Officer" shall be substituted.

(VII) For section 10, the following section shall be substituted, namely :-

10. Programme Officer.-

(1) At every Panchayat Samiti level the State Government shall appoint an Officer who is not below the
rank of Block Development Officer, possessing such qualification and experience as may be determined
by it, as a Programme Officer.

(2) The Programme Officer shall assist the Panchayat Samiti in discharging its functions under the Act
and any Scheme made thereunder.

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(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-ordination or the
State Government.

(6) The 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 a Programme Officer
shall be discharged by Gram Panchayat.".

(VIII) In section 11, for the words "Samiti Officer" wherever they occur, the words "Programme Officer", shall
be substituted.

(IX) After section 12, the following sections shall be inserted, namely :-

"12A. Responsibility of State Government to implement Scheme.-The State Government shall


make available to the District Programme Co-ordinator and the Programme Officers the necessary staff
and technical support as may be necessary for the effective implementation of the Scheme.

12B. 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.

12C. Transparency and accountability.-(1) The District Programme Co-ordinator and all
implementing agencies in the district shall be responsible for the proper utilization and a 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.

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(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) All payments of wages in cash and unemployment allowances shall be made directly to the
person concerned and in the presence of independent person of the community on pre-
announced dates.

(5) 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.

(6) 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.

12D. Audit of accounts.-(1) The State 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.]

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 sessions 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.

Schedule - SCHEDULE I

1[SCHEDULE I]

[See section 13]

Sr. Short title and number of Amendments


No. enactment

(1) (2) (3)

1. The Bombay Sales Tax Act, 1959 (Bom. In section 15A-I, for the words "in the
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LI of 1959). State of Maharashtra," the words and


figures "under the Maharashtra
Employment Guarantee Act, 1977,"
shall be substituted.

2. The Maharashtra Education and In section 6A, for the words "in the
Employment Guarantee (Cess) Act, State of Maharashtra," the words and
1962 (Mah. XXVIII of 1962). figures "under the Maharashtra
Employment Guarantee Act, 1977,"
shall be substituted.

3. The Maharashtra Increase of Land In section 3, for the words "of the
Revenue and Special Assessment Act, State of Maharashtra," the words and
1974 (Mah. XX of 1974). figures "under the Maharashtra
Employment Guarantee Act, 1977,"
shall be substituted.

4. The Maharahstra State Tax on In section 30,-


Professions, Trades, Callings and (a) in sub-section (1),-
Employments Act, 1975 (Mah. XVI of
(i) the words "On the commencement
1975).
of this Act, there shall be established
a Fund to be called the Employment
Guarantee Fund," shall be deleted;

(ii) for the words "transferred to, that


Fund," the words and figures
"transferred to, the Employment
Guarantee Fund established under the
Maharashtra Employment Guarantee
Act, 1977," shall be substituted;

(b) in sub-section (2), for the words,


brackets and figures "the Fund an
amount equal to the amount
transferred to the Fund under sub-
section (1)," the following shall be
substituted, namely :-

"the Employment Guarantee Fund an


amount equal to the amount
transferred to that Fund under sub-
section (1),";

(c) sub-sections (3), (4), (5) and (6)


shall be deleted;

(d) for the marginal note, the


following marginal note shall be
substituted, namely :-

"Amount equal to proceeds of tax and


matching contribution to be paid into
the Fund established under the

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Maharashtra Employment Guarantee


Act, 1977."

5. The Maharashtra Tax Acts In section 4,-


(Amendment) Act, 1975 (Mah. XVII of (a) in sub-section (1), for the words
1975). and figures "under section 30 of the
Maharashtra State Tax on
Professions, Trades, Callings and
Employments Act, 1975," the words
and figures "under the Maharashtra
Employment Guarantee Act, 1977,"
shall be substituted;

(b) sub-sections (3) and (4) shall be


deleted.

_______________

1. This heading was substituted for the heading "THE SCHEDULE" by Mah. 51 of 2006, Section 10.

Schedule - SCHEDULE II

1[SCHEDULE II

(See sections 16A and 16B)

Serial No. Area

1. Dhule Revenue District.

2. Nandurbar Revenue District.

3. Ahmednagar Revenue District.

4. Aurangabad Revenue District.

5. Nanded Revenue District.

6. Hingoli Revenue District.

7. Yavatmal Revenue District.

8. Amravati Revenue District.

9. Bhandara Revenue District.

10. Chandrapur Revenue District.

11. Gondia Revenue District.

12. Gadchiroli Revenue District.]

_______________

1. Schedule II and III were added by Mah. 51 of 2006, Section 11.

Schedule - SCHEDULE III

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SCHEDULE III

[See sections 16A and 16B(V)(8)]

Conditions for Guaranteed Rural Employment under a Scheme and Minimum Entitlements of Labourers

(1) Subject to the aggregate entitlement of the household, there shall be no limit on the number of days of
employment for which a person may apply, or on the number of days of employment actually provided to him.

(2) The Gram Panchayat or Programme Officer, as the case may be, shall be bound to accept valid applications
and to issue a dated receipt to the applicant.

(3) Applicants who are provided with work shall be so intimated in writing, by means of a letter sent to them
at the address given in the job card and the public notice displayed at the office of the Gram Panchayat.

(4) A new work under the Scheme shall be commenced only if -

(a) at least fifty labourers become available for such work; and

(b) the labourers cannot be absorbed in the on going works : Provided that, this condition shall not be
applicable for new works, as determined by the State Government, in hilly areas and in respect of
afforestation.

(5) In case the employment is provided outside the radius of five kilometers, it must be provided within the
Block, and the labourers shall be paid ten per cent. of the wage rate as extra wages to meet additional
transportation and living expenses.

(6) In all cases where unemployment allowances is paid, or due to be paid, the Programme Officer shall inform
the District Programme Coordinator in writing the reason why it was not possible for him to provide
employment or cause to provide employment to the applicants.

(7) The District Programme Co-ordinator shall, in his Annual Report to the State Council, explain as to why
employment could not be provided in cases where payment of unemployment allowance is involved.

(8) Provision shall be made in the Scheme for advance applications, that is, applications which may be
submitted in advance of the date from which employment is sought.

(9) Provision shall be made in the Scheme for submission of multiple applications by the same person provided
that the corresponding periods for which employment is sought do not overlap.

(10) The Gram Panchayat shall send the list of names and addresses of the persons registered with it and
supply such other information to the concerned Programme Officer at such period and in such form as may be
specified in the Scheme.

(11) A list of persons who are provided with the work shall be displayed on the notice board of the Gram
Panchayat and at the office of the Programme Officer and at such other places as the Programme Officer may
deem necessary and the list shall be open for inspection by the State Government and any person interested.

(12) The facility of safe drinking water, shed for children and period of rest, first-aid box with adequate
material for emergency treatment for minor injuries and other health hazards connected with the work being
performed shall be provided at the works site.

(13) 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).

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(14) The wages under a Scheme may be paid either wholly in cash or in cash and kind provided that at least
one-fourth of the wages shall be paid in cash only.

(15) The State Government may prescribe that a portion of the wages in cash may be paid to the labourers on
a daily basis during the period of employment.

(16) In case of every employment under the Scheme, there shall be no discrimination solely on the ground of
gender and the provisions of the Equal Remuneration Act, 1976 (25 of 1976) shall be complied with.]

  

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