Alleging "glaring irregularities" in the implementation of MGNREGA, social activist Aruna Roy has filed a petition before the Supreme Court, seeking directions to the Narendra Modi-government for proper implementation of the scheme by paying timely wages, timely payment of compensation in case of delay and conducting regular social audits.
Filing a plea through advocate Prashant Bhushan, Roy alleged that the data available on the official NREGA website, and "the implementation of the Act and rules framed thereby suffer from glaring irregularities, blatant disregard of the provisions of the Act and its underlying objectives. This has led to the violation of fundamental and statutory rights of the rural population."
The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) guarantees employment to every applicant within 15 days of his or her application, failing which such persons are entitled to an unemployment allowance. It also stipulates payment of wages within a period of 15 days from the date when the work is done. In case of delay in payment of wages beyond 15 days the applicant is entitled to compensation at the rate of 0.05% of the wages for each day of delay.
The law provides that the burden of payment of wages is upon the central government while the state governments are responsible for providing employment to the applicants, and for payment of compensation in case of failure to provide employment and delay in payment of wages.
As per the data, the financial years of 2012-13 to 2014-15 reveal widespread delays in disbursement of more than 50% of the wages beyond the statutorily prescribed period of 15 days.
Under the Operational Guidelines, 2013, the central government must release funds to state governments each year twice. However, in gross violation of its statutory obligations, the central government has failed to release adequate funds to state governments in a time-bound manner to ensure the working of the Act, the plea said.
The state governments have failed to discharge their obligation for payment of the statutorily mandated compensation for each day of delay in payment of wages.
The petitioner said independent, bi-annual social audits by Gram Sabhas with facilitation by Social Audit Units is prescribed under the Audit of Scheme Rules, but the Gram Sabhas of most states have blatant disregard for the Act and the Rules.
