Section 28 in The Mahatma Gandhi National Rural Employment Guarantee Act, 2005

Title: Act to have overriding effect

Description: The provisions of this Act or the Schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law: Provided that where a State enactment exists or is enacted to provide employment guarantee for unskilled manual work to rural households consistent with the provisions of this Act under which the entitlement of the households is not less than and the conditions of employment are not inferior to what is guaranteed under this Act, the State Government shall have the option of implementing its own enactment: Provided further that in such cases the financial assistance shall be paid to the concerned State Government in such manner as shall be determined by the Central Government, which shall not exceed what the State would have been entitled to receive under this Act had a Scheme made under this Act had to be implemented.

Title: Power to amend Schedules

Description: (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend Schedule I or Schedule II and thereupon Schedule I or Schedule II, as the case may be, shall be deemed to have been amended accordingly. (2) A copy of every notification made under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is made.

Title: Protection of action taken in good faith

Description: No suit, prosecution or other legal proceedings shall lie against the District Programme Coordinator, Programme Officer or any other person who is, or who is deemed to be, a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) in respect of anything which is in good faith done or intended to be done under this Act or the rules or Schemes made thereunder

Title: Power of Central Government to make rules

Description: (1) The Central Government may, by notification, and subject to the condition of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without the prejudice of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the number of representatives of the State Governments under clause (e) of sub-section (3) of section 10; (b) the terms and conditions subject to which the Chairman and other members of the Central Council may be appointed, and the time, place and procedure of the meetings (including the quorum at such meetings) of the Central Council, under sub-section (4) of section 10; (c) the manner in which and the conditions and limitations subject to which the National Fund shall be utilised under sub-section (3) of section 20; (d) the rules relating to funding pattern to meet the cost of certain items under sub-section (1) of section 22; (e) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the Central Government by rules.

Title: Power of State Government to make rules

Description: (1) The State Government may, by notification, and subject to the condition of previous publication, and consistent with this Act and the rules made by the Central Government, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the terms and conditions upon which eligibility for unemployment allowance may be determined under sub-section (2) of section 7; (b) the procedure for payment of unemployment allowance under sub-section (6) of section 7; (c) the terms and conditions subject to which the Chairperson and members of the State Council may be appointed, and the time, place and procedure of the meetings (including the quorum at such meetings) of their appointment to the State Council, under sub-section (2) of section 12; (d) the grievance redressal mechanism at the Block level and the District level and the procedure to be followed in such matter under section 19; (e) the manner in which and the conditions and limitations subject to which the State Fund shall be utilised under sub-section (2) of section 21; (f) the authority who may administer and the manner in which he may hold the State Fund under sub-section (3) of section 21; (g) the manner of maintaining books of account of employment of labourers and the expenditure under sub-section (2) of section 23; (h) the arrangements required for proper execution of Schemes under sub-section (3) of section 23; (i) the form and manner in which the accounts of the Scheme shall be maintained under subsection (2) of section 24; (j) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the State Government by rules.