TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Rs. 1.60 Paise.

No. 161]

CHENNAI, FRIDAY, MARCH 11, 2022

Maasi 27, Pilava, Thiruvalluvar Aandu-2053

Part II—Section 2

Notifications or Orders of interest to a Section of the public

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

II-2 Ex. (161)

[ 1 ]

RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT

GUIDELINES ON COMPENSATION FOR DELAYED WAGES PAYMENT UNDER MAHATMA GANDHI NATIONAL

RURAL EMPLOYMENT GUARANTEE ACT, 2005

[G.O. Ms. No. 25, Rural Development and Panchayat Raj (CGS.1), 11th March 2022,

ñ£C 27, Hôõ, F¼õœÀõ˜ Ý‡´- 2053.]

No. II(2)/RDPR/142(d)/2022.

1. (i) These guidelines may be called “ the Mahatma Gandhi National Rural Employment Guarantee Scheme – Delay

Compensation Guidelines (Tamil Nadu), 2022-Delay Compensation, in case wages is not made to MGNREGS workers within

15 days from the date of closure of Muster Roll”

2. Definitions- In these guidelines, unless the context otherwise requires:-

(a)

“Act” means the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act 42 of 2005);

(b)

“Notification’’ means a notification published in the Official Gazette;

(c)

“Government” means Government of Tamil Nadu;

(d)

“Scheme” means Mahatma Gandhi National Rural Employment Guarantee Scheme—Tamil Nadu;”

(e)

“State Employment Guarantee Fund” means the fund created to hold all funds received from the Central

Government or the State Government for the purpose of implementation of the Scheme;

(f)

“District Programme Co-ordinator” means an officer of the State Government designated as such under

sub-section (1) of section 14 of the Act for implementation of the Scheme in a District. The Collector of the

District is designated as the District Programme Coordinator for the implementation of the Scheme in the District.

(g)

“Additional Programme Co-ordinator’’ means the Project Director, District Rural Development Agency at District

level.

(h)

“Programme Officer” means Block Development Officer (Village Panchayat) at the Block level.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i)

“Job Card” means a key document that records workers entitlements like attendance, number of days worked,

wage payments made etc., under MGNREGA.

(j)

“Worksite Supervisor” means one among the workers who is designated for the supervision of worksite and

workers.

(k)

“Wage Rate” – Wages as Notified time to time by State, under Mahatma Gandhi National Rural Employment

Guarantee Act and Scheme by Government of India / State Government as referred to in Section 6 of Act.

3. Entitlement to the workers:

As per Para 29 (1) of revised Schedule II of MGNREGA, the wage seeker is henceforth entitled to receive payment of

compensation for delay in payment of wages at the rate of 0.05% of the unpaid wages per day of delay beyond the sixteenth

day of closure of Muster Roll from the date of publication of this Notification.

4. Stage-wise Accountability and Time Line for Payment of Wages:

As per the Standard Operating Procedure followed in the State, the following timelines with designated person is fixed

for the propose of accountability.

Steps

Activity

Designation of the Persons

responsible

Time Line

Closure of Muster Roll (MR)

Worksite Supervisor

T (Wednesday)

Handing Over of Muster Roll to

Technical Person (Panchayat

Union Overseer/Junior Engineer/

Assistant Engineer)

Village Panchayat

Secretary

T+1 (Thursday)

III

Measurement of Works

Union Overseer/ Assistant

Engineer

T+3

(Friday & Saturday)

Check Measurement

Assistant Engineer/ Asst.

Executive Engineer

T+5

(Sunday & Monday)

MIS entry of Muster Roll

Computer Assistant

T+7

(Monday, Tuesday &

Wednesday)

Generation of FTO

(1st Signatory)

Deputy Block Development

Officer (MGNREGS)

T+8 (Thursday)

VII

Generation of FTO

(2nd Signatory)

Block Development Officer

(Village Panchayat)

VIII

Wage Credit into the account of the

worker

NIC New Delhi/PFMS New

Delhi / Nodal Bank (Indian

Bank, Saidapet)

9th to 15th day

Crediting the wage payment into the bank account of the worker involves 2 stages as below:

Stage–I is the responsibility of the State Government within 8 days from the date of closure of Muster Roll as detailed

above.

Stage–II is the responsibility of the Government of India and it’s stakeholder viz., NIC/PFMS and Nodal Bank from

9th to 15th day from the date of closure of Muster Roll as detailed above.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

5. Calculation of Delay Compensation:

(a)

NREGA soft has a provision to calculate the total compensation payable, after due verification, based on the

date of closure of Muster Roll (e-MR) and the date of generation of the Fund Transfer Order for the payment

of wages taking into account of,

Date of uploading of FTO for the payment of wages into the bank account of wage seeker.

Date of closure of Muster Roll

The duration of such delay

Total wage payable.

Rate of compensation (0.05% per day).

(b)

The Exceptions when the Compensation is not payable are:

Natural calamities.

Insufficient Funds

Technical Problems in NREGAsoft

When Muster Roll is freezed due to absentees or malpractice if any.

(c)

The State Government (District Programme Co-ordinator and Programme Officer in Particular) shall be responsible

for operationalising the system for payment of compensation for delayed wage payments. The details are to be

uploaded on NREGAsoft so that the liability of each functionary/Agency can be determined in case of a delayed

payment.

(d)

Any delay in payment of compensation beyond a period of 15 days from the date, it becomes payable, shall

be considered in the same manner as the delay in payment of wages.

6. Authority for Sanctioning and Payment of Delay Compensation:

The delay compensation shall be Sanctioned and disbursed by the Programme Officer / Block Development Officer

(Village Panchayat) of the Block concerned.

7. Accounting for Compensation paid:

(a)

The compensation shall be met from the State Employment Guarantee Fund (SEGF) upfront. This must be

recovered from the functionaries/ agencies responsible for the delay

(b)

For accounting of the compensation paid, a separate head of account within State Employment Guarantee

Fund (SEGF) account of MGNREGA shall be maintained and reflected in the MIS under e-FMS. The amount

so recovered from the responsible officers shall be reimbursed into SEGF.

8. Process of Approval of Recovery:

(a)

Assistant Project Officer (WE) as a nominee of the Additional District Program Co-ordinator/Project Director

shall obtain the details of delayed payment from ‘NREGAsoft’ available in Government of India website

www.nrega.nic.in on a weekly basis. Detailed analysis has to be made and responsibility shall be fixed on the

functionary/functionaries responsible for the delay as mentioned in para 5 of this rule. A detailed order indicating

the recoveries shall be approved by the Assistant Programme Officer (Wage and Employment) who is authorised

by District Programme Co-ordinator/District Collector.

(b)

The entire proceedings of either approval for recovery or rejection incertain cases shall be completed

within 15 days.

(c)

The official on whom recovery for delay compensation is made should be clearly indicated in the recovery order

and a maximum of 30 days can be provided for paying the recoverable amount.

(d)

Assistant Project Officer (WE) as a nominee of the Additional District Program Co-ordinator/Project Director

shall follow the extant recovery procedures to recover the compensation amount so paid under the system from

the functionaries/agencies responsible for such delay in payment of wages. The amount so recovered shall be

reimbursed into SEGF.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

9. Appeal:

In case of any dispute concerning the payment of delay compensation and proceedings of recovery, the Additional District

Programme Co-ordinator as a nominee of District Programme Co-ordinator/District Collector shall be the appellate authority

and the decision of Additional District Programme Coordinator will be the final.

The Director, Rural Development & Panchayat Raj shall be vested with the powers to issue necessary instructions

and modification in consultation with Principal Secretary/Additional Chief Secretary, Rural Development and Panchayat Raj

Department and to operationalise these guidelines.

P. AMUDHA,

Principal Secretary to Government.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU