Whereas Government Notification
No. 1172/XXXVIII-7-2014-153MGNREGA-2012, dated May 21, 2014 was issued for the
information of the persons concerned and for inviting objections and
suggestions in regard to the Uttar Pradesh National Rural Employment Guarantee
(Unemployment Allowance) Rules, 2014 as required under sub-section (1) of
Section 32 of the National Rural Employment Guarantee Act, 2005 (Act No. 42 of 2005). And whereas no objection or
suggestions has been received within the stipulated time; Now, therefore, in exercise of
the powers under clause (d) of sub-section (32) of aforesaid Act the Governor
is pleased to make the following rules. (1)
These rules may be called as the Uttar Pradesh National Rural
Employment Guarantee (Unemployment Allowance) Rules, 2014. (2)
They shall come into force with effect from the date of their
publication in the Official Gazette. In these rules, unless the
context otherwise requires-- (a)
'Act' means the National Rural Employment Guarantee Act, 2005 (Act
No. 42 of 2005). (b)
'Day' means a working day. (c)
'Financial Years' means the period of twelve months commencing on
the first day of April of a calendar year. (1)
A person who is registered and having a valid job card under the
State scheme under sub-section (1) of Section 4 of the Act and who has given an
application to Gram Panchayat or the Programme Officer asking for wage
employment under the Act and is not provided employment within fifteen days of
receipt of the application seeking employment shall be entitled to a daily
unemployment allowance at the rate equal to one-fourth of the prevailing wage
rate for the first 30 days during the financial year and one-half of the
prevailing wage rate for the remaining period of financial year. The Unemployment allowance payable
shall be sanctioned and disbursed by the District Programme Co-ordinator. (a)
A person claiming unemployment allowance shall make an application
in Form No. 1 under these rules to the Gram Panchayat seeking unemployment
allowance on the day after he becomes eligible for claiming such allowance. (b)
A copy of the acknowledgement in Form No. 5 under the Act received
while handling over the application seeking employment in Form 4 under the Act
shall be attached to the said application. (c)
The Gram Panchayat on receipt of the said application shall make
necessary enquiries and if satisfied that the applicant is registered under the
scheme and has job card and is entitled for payment of unemployment allowance
he shall forward within two days the application to the Programme Officer along
with his remarks. (d)
On receipt of the report from the Gram Panchayat clause (c)
Programme Officer shall make necessary enquiries and if he is satisfied that
applicant is registered for employment under the Scheme and is entitled for
payment of unemployment allowance. The Programme Officer should submit all the
claims to the District Programme Co-ordinator along with a recommendation for
payment of unemployment allowance within three days. The responsibility of the
verifying officer is unequivocal. (e)
The District Programme Co-ordinator upon satisfying himself of the
legitimacy of the claim and verification done thereof, will issue an order to
that effect in Form No. 2 under this rule indicating the period for which the
unemployment allowance is payable and shall make payment, as per his order,
through bank or post office to the account of the applicant in reasonable time. (f)
The District Programme Co-ordinator shall pay the amount
equivalent to one-fourth of the prevailing wage rate for the first 30 days
during the financial year and one-half of the prevailing wage rate for the
remaining period of financial year. (g)
The District Programme Co-ordinator will meet the required
expenses from the amount earmarked for the purpose by the State Government. (h)
If the District Programme Co-ordinator rejects the demand for
unemployment allowance, he shall record the reason for rejecting the same and
intimate the applicant in Form No. 3 under the rules. As far as possible, the
Programme Officer shall decide the application for unemployment allowance
within ten days of its receipt. (i)
District Programme Co-ordinator shall maintain a separate bank
account with Additional District Programme Co-ordinator for unemployment
allowance. (j)
The District Programme Co-ordinator making payment of unemployment
allowance to eligible applicants shall do so solely through an account payee
cheque. (k)
After payment the Programme Officer shall make entry in MIS and in
the Job Card in respect of payment of unemployment allowance. (l)
A register shall be maintain in Form 4 by the village Panchayat
and Programme Officer. (1)
The Gram Panchayat shall bring to notice of the Programme Officer,
sufficiently in advance, if it is not in a position to provide employment to
the applicant within fifteen days of his or her application, so as to enable
the Programme Officer to make alternate managements. (2)
On receipt of the application for unemployment allowance the Gram
Panchayat shall allow the applicant to record his daily attendance in a
register or sheet opened for that purpose as evidence of his unemployment. (1)
An applicant may submit his application to the Programme Officer
directly, along with sufficient evidence that the Gram Panchayat has refused to
entertain his application for unemployment allowance or not acknowledged his
original application for employment under the Act. (2)
On receipt of application under sub-rule (1) the Programme Officer
after due enquiry and satisfaction submit his report to the District Programme
Co-ordinator notwithstanding the fact that the application has not been routed
through the Gram Panchayat. (1)
The liability of the State Government to pay unemployment
allowance to a household during any financial year shall cease as soon as- (a)
the applicant is directed by Gram Panchayat or Programme Officer
to report for work either by himself or depute at least one adult member of his
household; or (b)
the period for which employment is sought comes to an end and no
member of the household of the applicant had turned up for employment; or (c)
the adult members of the household of the applicant have received
in total at least one hundred days of work within the financial year; or (d)
the household of the applicant has earned as much from the wages
and unemployment allowance taken together which is equal to the wages for one hundred
days or work during the financial year. (1)
If, owing to circumstances beyond human control like rains or
unusual natural calamities, the State Government in unable to provide
employment (i.e. the Programme Officer being unable to issue the letter
directing the employment seeker to a work or the Implementing agency being
unable to absorb the persons directed by the Programme Officer or to take up or
continue the work) there shall be no liability on the part of the State
Government to pay unemployment allowance. (2)
An applicant who- (a)
does not accept the employment provided to his household under a
scheme; (b)
does not report for the work within 15 days of being notified by
the Programme Officer or implementing agency to report for the work; (c)
continuously remains absent from work, without obtaining a
permission from the concerned implementing agency for a period of more than one
week or remains absent for a total period of more than one week in a month; (d)
does not fulfil the eligibility conditions required under this
rule to claim the unemployment allowance payable under the Act; (3)
Any person who is found to have claimed and accepted unemployment
allowance while already having an employment shall not be entitled to
unemployment allowance for a period of 3 months from the last day on which he
is so found to have claimed and accepted unemployment allowance. (4)
If village Panchayat is satisfied at any time that a person has
registered his/her name by furnishing false information, it may request the
Programme Officer to direct his name to be elected after giving due opportunity
to explain. (5)
The applicant's claim shall be rejected in case he is found to
have received allowance under State unemployment allowance meant for literate
unemployed persons. (1)
If the Programme Officer is not in a position to disburse the
unemployment allowance in time or at all for any reason beyond his control, he
shall report the matter to the State Government and announce such reasons in a
notice to be displayed on his, Programme Officer's and Gram Panchayat's notice
board and other conspicuous places as he may deem necessary. (2)
The District Programme Co-ordinator should report such cases to
the State Government and the State Government shall take all measures to make
payment of unemployment allowance as expeditiously as possible. (1)
The District Programme Co-ordinator shall be responsible for
disbursement of unemployment allowance at district level. (2)
He/she shall ensure that no applicant should get double benefit
under State's different unemployment allowance schemes like unemployment
allowance for literate persons etc. (3)
He shall take necessary action against Pradhan under Section 90-G
of the Act, Secretary Gram Panchayat and Programme Officer in case he is
satisfied that generation of unemployment allowance was not genuine. The State Government may
prescribe the Management Information System (MIS) and the annual report of
unemployment allowance and take necessary steps to incorporate unemployment
allowance reports in the annual report of the State Employment Guarantee
Council. UTTAR PRADESH
NATIONAL RURAL EMPLOYMENT GUARANTEE (UNEMPLOYMENT ALLOWANCE) RULES, 2014
PREAMBLE