GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Mahatma Gandhi National Rural Employment Guarantee Act, 2005 – National Rural

Employment Guarantee Scheme – Andhra Pradesh – Compensation to labourers for the

delay in wage payments – Amendment to para 15 of the Scheme - Orders – Issued

-------------------------------------------------------------------------------------------------------

PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD. II) DEPARTMENT

G.O.Ms.No.153 Dated:06.07.2011

Read the following:

1. Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Act No.42 of

2005).

2. National Rural Employment Guarantee Scheme – Andhra Pradesh formulated in

G.O.Ms.No.550, Panchayat Raj & Rural Development (RD.II) Department, dated

6.12.2007.

3. Payment of Wages Act, 1936

*****

ORDER:

Whereas, the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Act

No.42 of 2005) provides legal guarantee of at least one hundred days of wage employment

in a financial year to a rural household, whose adult members volunteer to do unskilled and

manual work;

2. And whereas subsection (3) of section 3 of the said Act provides that, the

disbursement of daily wages shall be made on a weekly basis or in any case not later than a

fortnight after the date on which such work was done.

3. And whereas section 25 of the said Act prescribes penalties for contravention of the

provisions of the Act and the delaying payment of wages being one of the main provisions of

the Act;

4. And whereas para 30 Schedule II of the said Act lays down that, in case the payment

of wages is not made within the period specified under the Scheme, the labourers shall be

entitled to receive payment of compensation as per the provisions of the Payment of Wages

Act, 1936 (4 of 1936).

5. Now therefore, the Government of Andhra Pradesh hereby makes provision of

payment of compensation on delayed payments of wages to the labourers as per the

notified time period duly penalizing the functionaries found responsible for such delays by

amending the National Rural employment Scheme Andhra Pradesh formulated in

G.O.Ms.No.550, Panchayat Raj & Rural Development (RD.II) Department, dated 6.12.2007.

6. Accordingly the following notification will be published in the Extra ordinary issue of

the Andhra Pradesh Gazette dated 6.7.2011.

NOTIFICATION

In exercise of the powers conferred under subsection (1) of section 4 of the

Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Government of Andhra

Pradesh hereby amend the National Rural Employment Guarantee Scheme, Andhra

Pradesh formulated in G.O.Ms No. 550, PR & RD Department (RD II) 6th December, 2007.

AMENDMENT

In the said scheme, the para “15.Wages,” the following shall be substituted,

namely:-

“15.Wages:

(1) Equal wage shall be paid to both men and women. The payment of wages

shall be made on weekly basis. The programme Officer the District

Programme Coordinator and The State Programme Coordinator shall keep a

watch on the average wages earned. If necessary, the schedule of rates may

be revised to ensure that the wage per day is equal to the minimum wages

notified by the Government under Minimum Wages Act, 1948. The district

wise average wage earned by the workers shall also be brought to the notice

of the State Council every year.

Contd..

-2-

(2) Fixed Payment Cycle:

To ensure timely payments to the labourers for the work done, the Commissioner

Rural Development shall fix up maximum time limits for each completing process resulting

in payment of wages to the wage seekers, in such a way that each wage seeker gets the

wage payments for the work done in the week by the end of the subsequent week

(3) Compensation:

(a) In case of delay in payment of wages beyond 14 days from the first day of reporting

for work, the labourers engaged in the scheme are entitled for the payment of

compensation at the rate of 0.3% per each day of delay.

(b) The compensation to the wage seekers will be paid duly penalizing the functionaries

found responsible for the delay in such a way that the penalty is equal to the

compensation payable.

(c) The process of deducting the penalty amount from the salaries/ service charge of

the functionaries and payment of the same to the wage seekers shall be an

automatic process with east manual processing and the concomitant delays.

(d) For the purpose of calculation of delays caused by each functionary/paying agency,

the number of days permissible to accomplish the activity assigned to them, will be

as given below.

Sl.

No

Name of the

functionary

Name of the

Activity

Holiday

during

working

season

Preceding

activity

Permissible

No. of days

to complete

the activity

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

(1) Technical

Assistant Measurements Tuesday Muster rolls 3 days

(2) Engineering

Consultants

Check

Measurement Wednesday Measurements 2 days

(3)

Computer

Operator,

Addl.

Programme

Officer

Generation of

Pay Order Sunday

Measurement /

Check

Measurement

2 days

(4) Programme

Officer Uploading FTOs Sunday Pay Orders 2 days

(5)

Paying

agencies

(Banks/Postal

Dept/V.O)

Disbursement

of wages to

labourers at

village level

-

e-Pay orders &

Receipt of

money

4 days

(e) Commissioner Rural Development shall put in position a mechanism of capturing the

dates of measurements, check measurements, generation of pay orders, generation of

Fund Trnasfer Orders (FTOs), uploading of FTOs, receipt of funds by paying agency,

disbursement of wages to the labourers at the village level, to calculate the delay caused

by various functionaries.

(4) Authorized Officer

The Project Director shall be the Authorized Officer for the purpose of approving the

recoveries and payment of compensation on an online mode. Provided that no recovery is

made when the delay has occurred due to natural calamities or factors beyond the control of

the functionary.

(5) Process of Recovery and payment of Compensation

Once the Project Director approves the recoveries, the recoveries will be effected

automatically in the salary pay order of the functionaries and commission pay orders of the

paying agencies. Once the recoveries are effected, Special Compensatory Pay Orders and

related FTOs are generated by the Project Director/DWMA and send to the paying agency

for the disbursements to the labourers at village level.

Contd..

-3-

(6) Management of Information System (MIS) Reports: The Commissioner Rural

Development shall place on the website monitoring reports and exception reports to monitor

the compensatory wage payments in the website.

(7) During dry season i.e., from 1st February to 30th June of every year, 20% extra rates

shall be given to the labourers whose wages are calculated based on price rate.

(8) The Mandal Engineering Officer and Employment Guarantee Scheme Engineer shall

super check every work at its final stage of completion.

The G.O is available in http://www.rd.ap.gov.in/ and http://www.nrega.ap.gov.in/

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

R SUBRAHMANYAM

PRINCIPAL SECRETARY TO GOVERNMENT (RD)

To

The Commissioner, Printing, Stationery and Stores Purchase (Printing wing), Government

Printing Press, Chanchalguda, Hyderabad with a request to publish the Notification in the

next issue of extraordinary Gazette and furnish 1000 copies to PR & RD (RD-II)

Department.

The Commissioner, Rural Development, AP., Hyderabad

The Director, MGNREGS – AP

The District Collectors and District Programme Coordinators of 22 MGNREGS – AP districts.

The Project Directors, DWMAs and Addl.Dist.Programme Coordinators of 22 MGNREGS – AP

districts.

The Project Directors, DRDAs and Addl.Dist.Programme Coordinators of 22 MGNREGS – AP

districts.

The Chief Executive Officers, ZPs and Addl.Dist.Programme Coordinators of 22 MGNREGS –

AP districts.

The Project Officers, ITDA and Addl. Dist. Programme Coordinators of Srikakulam,

Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Nellore, Kurnool,

Mahabubnagar, Adilabad, Warangal, Khammam and Nalgonda Districts

The Commissioner, Panchayat Raj, AP., Hyderabad

The Commissioner, Tribal Welfare, AP., Hyderabad

The Commissioner, AMR APARD, Rajendranagar, Hyderabad

Copy to:

The Accountant General, AP, Hyderabad.

The Director of Treasuries and Accounts, A.P. Hyderabad.

The Special Secretary to Hon’ble Chief Minister.

PS to Minister (RD, RWS & EG).

Private Secretaries to all Ministers

PS to Chief Secretary to Government.

Law (A) Department

PS to Principal Secretary to Government (RD).

PA to Joint Secretary to Government (RD)

The PR&RD (Genl) Department,(2 copies)

SF/SC

//FORWARDED :: BY ORDER//

SECTION OFFICER

GOVERNMENTOFANDHRAPRADESH DEPARTMENT OF RURAL DEVELOPMENT, HYDERABAD

2"d floor, Hermitage Complex, Saifabad, Hyderabad -04

Circular No.616/EGS/PM(M&E)/2011 Dt. 07. 09.2011

Sub:- MGNREGS-AP - Compensation to labourers for delay in wage payments -Further Implementation Guidelines - Issued - Regarding

Ref:- 1. G.O.Ms. No. 153, PR and RD Dept (RD-11) Department, dated 06.07.2011 2. Circular No. 616/EGS/PM(M&E)/20 11 dated 17/07/2011 3. Circular No. 607/EGS/PM(IT)/2011 dated 29/08/2011

Vide reference 1st cited above, the orders for the compensation for delay wage

payments to be paid to the labourers has been issued. Vide reference 2nd cited above, the

instructions to be followed by all the field functionaries to ensure timely payments have

been mentioned. In continuation with the reference no 2 cited above, the following

further instructions are issued for implementation.

1. The compensation for delay payments shall be implemented in all the districts

from the day of conversion of RAGAS from offline mode to online mode. The

phase wise implementation of conversion of RAGAS to online mode has been

issued vide reference no 3 citied above. The functionary wise report of the

recoveries shall be made available in Mandai Computer Centres (MCCs) for the

purpose of information to the functionaries.

2. In case of MPDO who is working as Programme Officer under MGNREGS the

recovery towards his I her delay either in case of approval of Pay Order or

uploading FTOs shall be automatically deducted from the incentive accrued by the

MPDO under MGNREGS.

3. The convenor of SRDS shall convert all the Computer Operators, Technical

Assistants, Addl. Programme Officers and Engineering Consultants who are

outside HRMS by 07.09.2011. If any ineligible persons are there, their services

shall be terminated by giving appropriate notice. This is important to

operationalise the compensation for delay payments policy. PD/DWMA shall keep

Page 1 of4

the HRMS data of all the functionaries updated from time to time in the district.

The updated HRMS data shall be shared with Bluefrog by TCS.

4. In case of multiple Computer Operators (COs) working in a particular MCC, the

compensation due to the delay in generation of pay orders shall be divided equally

among the two Computer Operators and Addl. PO after approval of the recovery

byPD/DWMA.

5. The deduction for the compensation towards delay wage payments cannot be more

than one third ( 1/3 rd) of the gross salary of a functionary in a month.

6. In case of recovery of compensation from the banks/paying agencies due to the

delay, the recovery shall be made from the balance 1% service charges

(Commission) that shall be paid to the banks/paying agencies after the wages are

disbursed. In case the recovery amount exceeds the balance service charges that

shall have to be paid to the banks/paying agencies, the total recovery amount shall

be reflected and the outstanding amount to be recovered from the commission that

would be paid in the subsequent disbursements.

7. In case of GPs where conversion to biometric payments is yet to be done and

wherein the disbursement of wages manually to the labourers, through Postal

Department, Village Organisations, the mode of wage payments shall be converted

to biometric authenticated payments on or before 30th Nov 2011.

8. In case of GPs which have been converted to biometric wage payments as on date

of issue of this circular, the compensation for the delay payments shall be

implemented according to the schedule as given 111 Circular no

607/EGS/PM(IT)/2011 dated 29/08/2011.

9. The date of disbursement of wages shall be captured through the GPRS system

using PoS machines. The compensation policy can only be implemented when the

dates are captured and uploaded through PoS. In case of biometric payments, if the

dates of disbursements are not captured and uploaded, the same shall be treated as

delay payments and the balance 1% commission shall not be paid to those wage

payments.

Page 2 of4

10. In case of biometric payments, the date wherein 50% wage payments are

disbursed shall be considered for calculating the delay by banks/paying agencies.

11. Bluefrog shall provide the following data to Tata Consultancy Services for the

calculation of delay by the concerned functionary:

a. Date of uploading of measurements by the Technical Assistant along with

employee ID.

b. Date of receipt of list of works to be check measured by EC along with

employee ID.

c. Date of uploading of check measurements for the works received by EC

along with employee ID.

12. The list of works for which Engineering Consultant is not assigned for check

measurements shall be notified as 'Check Measurements not required works' by

Bluefrog. Those works shall be notified to the Computer Operator for

downloading for generation of pay order by TCS.

13. In case of works not assigned to RC for check measurements, the calculation of

delay by 'the CO and Addl. Programme Officer shall be reckoned from the date the

works are available for download and the ending date shall be the date of

generation of pay orders.

14. The Project Director/DWMA shall approve the recoveries to be made from

the functionaries, through PD login ID within 24 hours after the receipt of list

of deductions.

15. The TCS shall make necessary changes in the software wherever required to

operationalise the above paras.

The District Collectors & District Programme Coordinators and all the field

functionaries, MGNREGS are requested to follow the above guidelines and ensure the

wage payments are made to the labourers within the specified time as per the Act and

avoid delay of wage payments.

Page 3 of4

All the PDsiDWMA shall read the above guidelines and understand thoroughly

the contents and explain to all APOs, MPDOs in the coming monthly meetings.

To The District Collectors/District Program Coordinators- 22 MGNREGS Districts

Sd/- G.Jayalakshmi Commissioner, RD

The Project Directors, DWMA and District Additional Program Coordinators, 22 MGNREGS Districts The Project Officers, ITDA and District Additional Program Coordinators, 10 MGNREGS Districts All the MPDOs and Program Officers, 22 MGNREGS Districts

Copy to The Commissioner, Department ofPanchayat Raj, Hyderabad The Commissioner, Department of Tribal Welfare, Hyderabad The Convenor, SRDS The Commissioner, AP ARD, Hyderabad The C.E.O., SERP, Hyderabad The Project Directors, DRDA and District Additional Program Coordinators, 22 MGNREGS Districts All the Special Officers, CRD Office, Hyderabad The CEO of Zilla Parishad and District Add,itional Program Coordinators, 22 MGNREGS Districts ACRD (Smart Cards) CPMG, Hyderabad Web manager, CRD Office, for uploading in the website Ravi Marri, TCS CEO, Bluefrog, Visakhapatnam All wage payments disbursing banks All Programme Managers, EGS, CRD Office

Copy submitted to The Principal Secretary, Department of Rural Development, Hyderabad The Principal Secretary, Department ofPanchayat Raj, Hyderabad

I I Attested/ I

~~ Programme Manager (M&E)

Page 4 of4

GOVERNMENT OF ANDHRA PRADESH ABSTRACT

Mahatma Gandhi National Rural Employment Guarantee Act, 2005 – National Rural Employment Guarantee Scheme – Andhra Pradesh – Compensation to labourers for the delay in wage payments – Amendment to G.O.Ms.No.153 – Issued. -----------------------------------------------------------------------------------------------------------------

PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD.II) DEPARTMENT

G.O.Ms.No: 45 Dated:17.02.2012. Read the following:

1. Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Act No.42 of 2005)

2. G.O.Ms.No.550, PR&RD (RD.II) Dept., Dated:06.12.2007. 3. Payment of Wages Act, 1936 4. G.O.Ms.No.153, PR & RD (RD.II) Dept., Dt:06.07.2011. 5. Memo.No.812/RD.II/A2/2012, PR&RD (RD.II) Dept., Dated:21.01.2012.

0o0

ORDER:

In the G.O. 4th read above orders were issued on compensation to labour for delay in wage payment duly amending Para-15 of the NREGS formulated in the G.O. 2nd read above.

2. The Government after reviewing on payment of compensation fro delay in wage payment issued certain instructions in Government Memo 5th read above.

3. Therefore, in exercise of the powers conferred under subsection (1) of section 4 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Government of Andhra Pradesh hereby issue the following amendments to G.O. 4th read above, with immediate effect.

AMENDMENTS

a) Para 15 (3)(a) shall be substituted with the following:

“In case of delay in payment of wages beyond 14 days from the closure of muster, the labourers engaged in the scheme are entitled for the payment of compensation at the rate of 0.3% per each day of delay.

b) Para 15 (5) shall be substituted with the following:

“Once the Project Director approves the recoveries, the recoveries shall be effected automatically in the salary pay order of the functionaries and commission pay orders of the paying agencies. Special Compensatory pay Orders and related FTOs are generated by the Project Director / DWMA and sent to the paying agency for the disbursements to the labourers at village level.

4. The copy of the G.O. is available on website: www.rd.ap.gov.in.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

R.SUBRAHMANYAM PRINCIPAL SECRETARY TO GOVERNMENT (RD)

To The Commissioner, Rural Development, A.P., Hyderabad. The Director, MGNREGS-AP. The District Collectors and District Programme Coordinators of 22 Districts. The Project Directors, DWMAs and Addl. District Programme Coordinators of 22 Districts.

[Contd..2..]

::2:: The Project Directors, DRDAs and Addl. District Programme Coordinators of 22 Districts. The Chief Executive Officers, ZPs and Addl. District Programme Coordinators of 22 Districts.

Copy to : The PS to Minister (RD) : The PS to Principal Secretary (RD) : SF/SC

//FORWARDED :: BY ORDER//

SECTION OFFICER

GOVERNMENT OF ANDHRA PRADESH, ABSTRACT

MGNREG Act 2005 – NREGS – AP – Compensation to the labourers for the delay in wage payments – Amendment to the G.O.Ms.No.153, Dt:.6.7.2011 – Orders – Issued. -----------------------------------------------------------------------------------

PANCHAYAT RAJ AND RURAL DEVELOPMENT (RD.II) DEPT

G.O.Ms.No.36 Dated:31.01.2013 Read the following:-

1. G.O.Ms.No.550, PR & RD (RD.II) Department, dt:6.12.2007 2. G.O.Ms.No.153, PR & RD (RD.II) Department, dt:6.7.2011 3. G.O.Ms.No.45, PR & RD (RD.II) Department, dt:17.2.2012 4. G.O.Ms.No.8, PR & RD (RD.II) Department, dt:8.1.2013

ORDER:

In the G.O. second read above, orders have been issued making provision of payment of compensation on delayed payments of wages to the labourers as per the notified time period duly penalizing the functionaries found responsible for such delays by amending the NREGS – AP Scheme formulated in the GO first read above.

2. In the GO fourth read above, an amendment has been issued substituting para 3 (a) of the orders issued in the GO third read above reducing the delay compensation to the labour for delay on wage payments from the existing 0.3% to 0.1% per day to mitigate the hardship caused to the banks.

3. The Government after review of the authority of the Project Director designated for approving the recoveries and payment of compensation to the wage seekers hereby decide to amend provision (4) of the notification issued in the GO second read above, which shall be read as follows:-

AMENDMENT “Authorized Officer: The Project Director shall, within 15 days from the date of delay compensation became due, can disapprove the amount for deduction from either the functionary or the paying agency duly recording reasons for the same on an online mode. If Project Director has not disapproved the compensation within 15 days, it will be presumed that the compensation has been authorized for recovery and deduction shall be effected as given below.”

4. The Director, RD is requested to take immediate action for implementation of the above under intimation to TCS, PDs DWMA and Banks concerned.

5. A copy of the G.O is available in http://www.rd.ap.gov.in.

(BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH).

R.SUBRAHMANYAM PRINCIPAL SECRETARY TO GOVERNMENT (RD)

To The Commissioner, Rural Development, AP., Hyderabad The Director, MGNREGS – AP

The District Collectors and District Programme Coordinators of 22 MGNREGS – AP districts.

The Project Directors, DWMAs and Addl.Dist.Programme Coordinators of 22 MGNREGS – AP districts.

The Project Directors, DRDAs and Addl.Dist.Programme Coordinators of 22 MGNREGS – AP districts.

The Chief Executive Officers, ZPs and Addl.Dist.Programme Coordinators of 22 MGNREGS – AP districts.

The Project Officers, ITDA and Addl. Dist. Programme Coordinators of Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Nellore, Kurnool, Mahabubnagar, Adilabad, Warangal, Khammam and Nalgonda Districts

The Commissioner, Panchayat Raj, AP., Hyderabad The Commissioner, Tribal Welfare, AP., Hyderabad The Commissioner, AMR APARD, Rajendranagar, Hyderabad Copy to: The Accountant General, AP, Hyderabad. The Director of Treasuries and Accounts, A.P. Hyderabad. The Special Secretary to Hon’ble Chief Minister. PS to Minister (RD, RWS & EG). Private Secretaries to all Ministers PS to Chief Secretary to Government. Law (A) Department PS to Principal Secretary to Government (RD). PA to Joint Secretary to Government (RD) The PR&RD (Genl) Department,(2 copies) SF/SC //FORWARDED BY ORDER // SECTION OFFICER