The Ministry of Rural Development has issued instructions to States and Union territories regarding the stoppage of Central Assistance under Section 27 of Mahatma Gandhi NREGA. The directions have been issued in the wake of the monitoring and review of MGNREGA in the States and the field level visits of the officials from the Ministry, Members of Central Employment Guarantee Council (CGEC), National Level Monitors (NLMs), audit teams and media reports which have often revealed anomalies in the implementation.
Under MGNREGA, the State Government has to implement the scheme and it is expected that they would institute remedial measures. If the Central Government directs the State Government for taking steps for effective implementation of the provisions of the Act and the State Government do not respond by prompt remedial measures as well as corresponding action under Section 25 against persons responsible for defaults and violations of laws, then the Central Government, if necessary, may in exercise of the powers conferred under sub-clause (2) of Section 27 of the Act order for stoppage of release of funds to the Scheme. The liability for funding the Scheme or payment of unemployment allowance during the period shall be with the State Government.
In pursuance of the provisions following process has been laid down by the Ministry of Rural Development :
a) Under Section 27 of MGNREGA it has been provided that complaints received from independent sources will be enquired into by the Government of India.
b) In case there is prima-facie case for further investigation, a proper statement of charges will be framed and sent to the respective State Government for enquiry and response within a period of two weeks.
c) Once the report is received, a screening committee constituted at the Ministry level will examine the report and in case, it is not found satisfactory, get the charges investigated by the CBI (where criminal intent is prima facie established) or by a team of officers of the Ministry, where system failure or non criminal lapse seems to be the case.
d) In the case of investigation of the case by the CBI, the state Governments should transfer the accused officers out of the areas of operation of the Mahatma Gandhi NREGA. In case the State Government does not comply, the release of funds will be stopped.
e) In the case of investigation by a team of central officers, on receipt of the report, the release of funds will be stopped and the State Government will be given a reasonable cure period within which they should remedy the system.
f) Central funding will be restored once the Central Government is satisfied that the State Government has taken appropriate remedial measures.
Section 27 of Mahatma Gandhi NREGA states that
1. The Central Government may give such directions as it may consider necessary to the State Government for the effective implementation of the provisions of this Act.
2. Without prejudice to the provisions of sub-section (1), the Central Government may, on receipt of any complaint regarding the issue or improper utilization of funds granted under this Act in respect of any scheme if prima facie satisfied that there is a case, cause an investigation into the complaint made, by any agency designated by it and if necessary, order stoppage of release of funds to the Scheme and institute appropriate remedial measures for its proper implementation within a reasonable period of time.
It is expected that the instructions will ensure transparency and accountability in the effective implementation of Mahatma Gandhi NREGA across the country.
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