In exercise of the powers
conferred by sub-section (1) of Section 32 of the Mahatma Gandhi National Rural
Employment Guarantee Act, 2005 (Central Act 42 of 2005) the Government of
Kerala after considering the objections and suggestions received on the draft
rules published under notification G.O. (P) No. 2/2020/LSGD dated 8th January,
2020, in the Kerala Gazette Extraordinary No. 400 dated 7th February, 2020 as
required under sub-section (1) of Section 32 of the Act, hereby make the
following rules, namely: (1)
These rules may be called the Kerala Mahatma Gandhi National Rural
Employment Guarantee Scheme Unemployment Allowance Rules, 2021. They shall come
in to force at once. (1)
In these rules, unless the context otherwise requires, (a)
"Act" means the Mahatma Gandhi National Rural Employment
Guarantee Act, 2005 (Central Act 42 of 2005); (b)
"Block" means a community development area within a
district comprising of a group of Grama Panchayats; (c)
"Central Rules" means the rules framed by the Government
of India under the Act; (d)
"District Programme Coordinator" means the District
Collector designated for implementation of the Scheme in the district by the
Government of Kerala; (e)
"Panchayat Raj Act" means the Kerala Panchayat Raj Act,
1994 (13 of 1994); (f)
"Programme Officer" means an officer not below the rank
of Secretary of the Block Panchayat appointed as Block Programme Officer at
Block level and where no officer is specifically appointed as Block Programme
Officer, the Secretary of the Block Panchayat of the concerned Block will be
the Programme Officer for implementing the Scheme; (g)
"Joint Programme Co-ordinator" means a district level
officer of the Rural Development Department appointed or designated as such in
each district in order to assist the District Programme Co-ordinator in the
implementation of the Mahatma Gandhi National Rural Employment Guarantee
Scheme; (h)
"State Cell" means the NREGA Cell constituted under the
Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act 42 of
2005) by the Government of Kerala; (i)
"Wage rate for Unskilled Workers" means the daily wage
rate fixed by the Central Government from, time to time, for the unskilled
workers working under the Mahatma Gandhi National Rural Employment Guarantee
Scheme. (2)
The words and expressions used but not defined in these rules and
defined in the Act shall have the same meaning respectively assigned to them in
the Act. (1)
A person who is registered under the scheme and who has given a
letter offering employment shall be entitled to receive a daily unemployment
allowance at the rate of one-fourth of the wage rate for unskilled worker for
the first thirty days during the financial year and not less than one half of
the wage rate for unskilled workers for the remaining period of the financial
year: Provided the applicant for
employment shall be able to produce, if necessary, the receipt issued with the
date of acknowledgement of the oral or written application for employment made
through any of the means indicated under paragraph 8 of the Schedule I of the
Act and registered at the Grama Panchayat along with an entry in the
Computer/Management Information System. (2)
The liability of the State Government to pay unemployment
allowance to a household during any financial year shall cease in certain
circumstances in tune with the provisions of the sub-section (3) of Section 7
of the Act. (3)
Disentitlement to receive unemployment allowance in certain
circumstances shall follow the provisions laid down in Section 9 of the Act. (4)
The Programme Officer can reject the payment of unemployment
allowance only on grounds of force majeure. (1)
A person who has not been provided employment and is entitled to
claim unemployment allowance shall make an application in Form No. 1 to the
Secretary of the Grama Panchayat on the next day of the fifteenth day from
which he has applied for the job or from the date on which the employment has
been sought in the case of an advanced petition, whichever is later. (2)
A copy of the acknowledgement/receipt issued in Form No. 2 while
handing over the application seeking employment shall be attached along with
the application for unemployment allowance. (3)
On receipt of the application, Secretary of the Grama Panchayat
concerned shall verify the claim made by the applicant and certify the actual
days for which unemployment allowance has to be paid, after a thorough cross
verification of the Job Card Register, Employment Register, Management
Information System of the Mahatma Gandhi National Rural Employment Guarantee
Scheme and Muster Rolls. If he is satisfied that the applicant had duly
submitted application for employment under the scheme but was not provided the
job within the prescribed time limit as envisaged in sub-section (1) of Section
7 of the Act and that the applicant is entitled for payment of unemployment
allowance, he shall forward the application to the Programme Officer along with
his remarks. (4)
The Programme Officer based on the receipt of the application and
the justification of the Secretary of the Grama Panchayat thereto, shall,
independently appraise the facts and situation and issue appropriate orders
based on the merits of the claim and cause payment of the unemployment
allowance to the applicant through the Secretary of the Grama Panchayat
concerned. The orders shall be communicated to the applicant seeking
unemployment allowance and also to the person/persons responsible for creating
the liability leading to the payment of unemployment allowance. (5)
The unemployment allowance payable by State Government shall be
met from the amount earmarked for the purpose by the State Government and
placed with the State Cell in a separate account. The Mahatma Gandhi National
Rural Employment Guarantee Scheme State Mission on receiving the claim from the
Block Programme Officer shall release the amount to the concerned District
Programme Co-ordinator for effecting payment. The District Programme
Co-ordinator shall maintain a separate account for this purpose: Provided that no cash payments
are permitted and the District Programme Co-ordinator shall not make payment of
unemployment allowance out of the fund received from the Central or State
Government meant for the implementation of the Scheme. (6)
The District Programme Co-ordinator shall release the amount to
the Mahatma Gandhi National Rural Employment Guarantee Scheme account
maintained at the Grama Panchayat for payment to the workers. The Grama
Panchayat in turn will credit the said amount to the account of the worker
concerned through electronic fund management system. (7)
If the Programme Officer rejects the demand for unemployment
allowance, he shall record the reasons for rejecting the same and intimate the
same to the applicant in writing. (8)
The Grama Panchayat while making payment of unemployment
allowances to eligible applicants shall do so in the manner as directed by the
State Government. (9)
The Secretary of the Grama Panchayat shall submit monthly
statement in the register in Annexure, to the Programme Officer regarding the
payment of unemployment allowance made by him. (1)
Any person aggrieved by the order of the Programme Officer may
file an appeal in writing, in Form No. 3 within thirty days of the receipt of
such order to the District Programme Co-ordinator and such appeal shall be
disposed of within a period of fifteen days by him after conducting a summary
enquiry. (2)
Recoveries, if any, from whomsoever concerned, consequent to the
order of the appellate authority, shall be effected by the Grama Panchayat by recovering
the amount in lump or in equal monthly installments from the salary in the case
of permanent employees or from the wage in the case of contract employees at
the rate fixed by the Programme Officer by initiating revenue recovery process. ANNEXURE REGISTER (See sub-rule (9) of Rule
4) MONTHLY STATEMENT OF THE
DETAILS OF UNEMPLOYMENT ALLOWANCE The Mahatma Gandhi National Rural
Employment Guarantee Scheme Unemployment Allowance Rules, 2021 Sl. No. Name of Worker Date and number of days for which unemployment allowance
paid Rate at which Allowance given Total amount paid Reasons for not providing work Signature of Grama Panchayat Secretary From To Number of Days Place: Date: Name and Signature of the Secretary of the.......................Grama
Panchayat (Office Seal)KERALA
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME UNEMPLOYMENT
ALLOWANCE RULES, 2021
PREAMBLE