Section 1 in The Mahatma Gandhi National Rural Employment Guarantee Act, 2005
Title: Short title, extent and commencement
(1) This Act may be called 1[the Mahatma Gandhi National Rural Employment Guarantee Act], 2005.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States or for different areas in a State and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision in such State or, as the case may be, in such area:
Provided that this Act shall be applicable to the whole of the territory to which it extends within a period of five years from the date of enactment of this Act
1. Subs. by Act 46 of 2009, s. 2, for "the National Rural Employment Guarantee Act" (w.e.f. 2-10-2009).
2. 2ndFebruary, 2006, vide notification No. S.O. 87(E), dated 24th January, 2006, see Gazette of India, Extraordinary, Part II sec.3(ii).
*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
In this Act, unless the context otherwise requires,--
(a) "adult" means a person who has completed his eighteenth years of age;
(b) "applicant" means the head of a household or any of its other adult members who has applied for employment under the Scheme;
(c) "Block" means a community development area within a district comprising a group of Gram Panchayats;
(d) "Central Council" means the Central Employment Guarantee Council constituted under subsection (1) of section 10;
(e) "District Programme Coordinator" means an officer of the State Government designated as such under sub-section (1) of section 14 for implementation of the Scheme in a district;
(f) "household" means the members of a family related to each other by blood, marriage or adoption and normally residing together and sharing meals or holding a common ration card;
(g)" implementing agency" includes any department of the Central Government or a State Government, a Zila Parishad, Panchayat at intermediate level, Gram Panchayat or any local authority or Government undertaking or non-governmental organisation authorised by the Central Government or the State Government to undertake the implementation of any work taken up under a Scheme;
(h) "minimum wage", in relation to any area, means the minimum wage fixed by the State Government under section 3 of the Minimum Wages Act, 1948 (11 of 1948) for agricultural labourers as applicable in that area;
(i) "National Fund" means the National Employment Guarantee Fund established under subsection (1) of section 20;
(j) "notification" means a notification published in the Official Gazette;
(k) "preferred work" means any work which is taken up for implementation on a priority basis under a Scheme;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "Programme Officer" means an officer appointed under sub-section (1) of section 15 for implementing the Scheme;
(n) 'project" means any work taken up under a Scheme for the purpose of providing employment to the applicants;
(o) "rural area" means any area in a State except those areas covered by any urban local body or a Cantonment Board established or constituted under any law for the time being in force;
(p) "Scheme" means a Scheme notified by the State Government under sub-section (1) of section4;
(q) 'State Council" means the State Employment Guarantee Council constituted under subsection (1) of section 12;
(r) 'unskilled manual work" means any physical work which any adult person is capable of doing without any skill or special training;
(s) "wage rate" means the wage rate referred to in section 6.
Title: Guarantee of rural employment to households
(1) Save as otherwise provided, the State Government shall, in such rural area in the State as may be notified by the Central Government, provide to every household whose adult members volunteer to do unskilled manual work not less than one hundred days of such work in a financial year in accordance with the Scheme made under this Act.
(2) Every person who has done the work given to him under the Scheme shall be entitled to receive wages at the wage rate for each day of work.
(3) Save as otherwise provided in this Act, 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.
(4) The Central Government or the State Government may, within the limits of its economic capacity and development, make provisions for securing work to every adult member of a household under a Scheme for any period beyond the period guaranteed under sub-section (1), as may be expedient.
Title: Employment Guarantee Schemes for rural areas
(1) For the purposes of giving effect to the provisions of section 3, every State Government shall, within six months from the date of commencement of this Act, by notification, make a Scheme, for providing not less than one hundred days of guaranteed employment in a financial year to every household in the rural areas covered under the Scheme and whose adult members, by application, volunteer to do unskilled manual work subject to the conditions laid down by or under this Act and in the Scheme:
Provided that until any such Scheme is notified by the State Government, the Annual Action Plan or Perspective Plan for the Sampoorna Grameen Rozgar Yojana (SGRY) or the National Food for Work Programme (NFFWP) whichever is in force in the concerned area immediately before such notification shall be deemed to be the action plan for the Scheme for the purposes of this Act.
(2) The State Government shall publish a summary of the Scheme made by it in at least two local newspapers, one of which shall be in a vernacular language circulating in the area or areas to which such Scheme shall apply.
(3) The Scheme made under sub-section (1) shall provide for the minimum features specified in Schedule I.
Title: Conditions for providing guaranteed employment
(1) The State Government may, without prejudice to the conditions specified in Schedule II, specify in the Scheme the conditions for providing guaranteed employment under this Act.
(2) The persons employed under any Scheme made under this Act shall be entitled to such facilities not less than the minimum facilities specified in Schedule II.