o9l — 6 TR WV IR TTAE, 26 RER, 2019 IN pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is () pleased to order the publication of the following English translation of notification no. 3089 /XXXVIII-7- 2019-296 NREGA-2013, dated December 26, 2019:
No. 3089 /XXXVIII-7-2019-296NREGA-2013 Dated Lucknow, December 26,2019 WHEREAS Govemnment notification no. 2236/XXXVIII-7-2019-296NREGA-2013, dated September 11, 2019 was issued for the information of the persons concemed and for inviting objections and suggstions in regard to the Uttar Pradesh National Rural Employment Guarantee (compensation for delayed Payment of wages) Rules, 2019 as requierd under sub-section (1) of section 32 of the National Rural Employment Guarantee Act, 2005 (Act no. 42 of 2005);
AND, WHEREAS, no objections and suggestions has been received within the stipulated time;
Now, THEREFORE, in exercise of powers under section 32 of the aforesaid Act the Governor is pleased to make the following rules :~ THE UTTAR PRADESH NATIONAL RURAL EMPLOYMENT GUARANTEE (COMPENSATION FOR DELAYED PAYMENT OF WAGES) RULES, 2019 .Sh:nmkum 1.(1) These rules may be called the Uttar Pradesh National Rural Employment commensement Guarantee(Compensation for Delayed Payment of Wages) Rules,2019.
(2) They shall extend to the whole of Uttar Pradesh.
(3) They shall come into force with cficct from the date of their publication in the Gazette.
Definitions 2. (1) In these rules, unless the context otherwise requiring :—
(a) “Act” means the National Rural Employment Guarantee Act, 2005;
(b) “MIS” means online Management Information System established and managed by the Ministry of Rural Development, Government of India www.nrega.nic.in;
(c) “Program Officer” means the Block Development Officer/ Program Officer of an implementing agency;
(d) “Section™ means a section of the Act;
(¢) “State Government™ means The State Government of Uttar Pradesh ;
(f) “Wage Rate™ means the wage rate notified by the Government of India or the State Government for unskilled labourers under section 6 of the Act;
(2) Words and expressions used but not defined in these rules shall have the same meaning as defined in the Act. * Compensation 3. (1) Section 3, inter alia provided that every person who has done the work given to him under the scheme shall be entitled to recicve wages at the wage rate on .
weekly basis and are in any case within fifteen days after the closure of Muster Roll.
If the wages are not paid within fifteen days the said person shall be entitled to receive compensation for the delayed payment under sub para (1) of para 29 of schedule-11 at the rate of 0.05% of the unpaid wages per day of delay.
(2) Under clause (a) of sub para (1) of para-29 of schedule-1l it is provided that “Any delay In payment of compensation beyond a period of fiftecn days from the date it becomes payable, shall be considered in the same manner as the delay in payment of wages.”
(3) Under sub clause(d) of clause(1) of para 29 of Schedule-l1 to the Act it is provided that "the State Government shall pay the compensation as prescribed after due verification within the time limits us specified above and recover the compensation amount from the functionaries or agencies who are responsible for the delay in payment.” $37RPH (Gram Vikis-7) 2019 Duta 4E @ CamScanner — 283 — TR TRV IRV e, 26 R, 2019
4. Compensation on delayed payment shall also be made within fifteen days of due date. The disposal of delay in compensation payment shall be done in the same way as delay in payment of wages. The Program officer shall take decision on the payment / non payment of compensation after examining calculations done by NREGASoft reasonably within fifteen days of beginning of compensation liability. He/she may grant or reject the claim. 1f the claim is rejected the Program Officer shall specifically mention the reasons for such rejection. The presumtive category of such reason shall be as follows:-
(i) Natural calamity;
(ii) Compensation is not due. &
5. For fixing the responsibility of officers’employees for delayed payment of wages, para-29 of schedule-Il Government of India, Ministry of Rural Development notification no. Ka-aa-19(A), dated January 3, 2014 shall be applicable.
6. Time limit for disposal of work by the officers/employees shall be as mentioned in the Schedule-1 and Schedule-1I below:—
SCHEDULE-1 SL. Name of | Opening day Name of officers/ employees Number no. work for calculation responsible for work of total of delayed days payment T [() Depositing | Fromthe | (i) Gram Rozgar Sewak wherc | 1day of the Muster date of the village Panchayat is [ (T+1) roll at block closing of implementing agency office after Musterroll | (i) Sachiv, Gram Panchayat closure where Gram Rozgar Sewak thereof is not appointed in Gram Panchayat
(iii) Work incharge in case of other implementing agencies
(ii) Feeding | From the (i) the employee responsible for | 1 day of Muster date of receiving Muster roll at block | (T+2) roll on receipt of office NREGA Muster roll at | (ii) computer operator responsible Soft block office | for feeding on NREGASoft 2 (i) depositing | From the (i) Technical assistant or 2day of date of thereto (T+4) Mcasurement | Muster Roll Book (M.B) feeding in at block office| NREGASoft afier measuring the work
(ii) Feeding. From the (i) Additional programme 1 day of date of officer (T+S) measurement | receipt of (if) Computer operator of work on M.B.at responsible for feeding on NREGA Soft | block office. NREGASoft 3 Generaling From the (i) Additional programme 1 day of wage-list | date feeding officer (T+6) ‘| ofMB.on (li) Computer operator MIs 4 [FTO From the (1) Accountant’Assistant 1 day generation date of Accountant (T+7) and Signature | generation of for transfer of |~ wagelist.
the fund.
337 RPH (Gram Vikas-7) 2019 Deta 4E Fixstion of compensation lisbility and payment Fixation of responsibility @ CamScanner — 282 — 8 TR A MR T, 26 REER, 2019 Sl Namcof | Opening day | Name of officers/ employees Number Py no. work for calculation responsible for work of total of delayed days payment 5 | Transfer From the (i) Programme officer | day order of date of (T+8) fund signed | Signature of | by Second First Signatory Signatory Note:-
1. Total Administrative Responsibility of completing the activities mentioned in the above schedule shall be of the Program Officer/Block Development Officer, program officer of implementing agencies.
2. The above scheaule has been prepared keeping block development office as example. In case of implementing agencics if the post and name of the equivalent officers/employees aré differed the responsibility of fixing liability of such officers/ employees shall be of concerned department on which approval of District Magistrate/ District Program Co-ordinator shall be taken. .
3. If any employee/officer relating to the said activity goes on leave and in place of himher any employee /officer is deployed as alternative arrangement to perform the said work shall also be responsible for delay. Program officer/Block Development Officer, program officer of an implementing agencies shall be responsible for ensuring alternative arrangements.
SCHEDULE-II sl Maximum - Process/Activities time Remark No. (in days) [ s PFMS (o create state-wise Batches of T+9 To be done the FTOs received till 11:59 PM of by PFMS T+8 and make them available to & Bank MoRD by 08:00 AM of next day o Send FTOs to bank o Bank gives acknowledgement when they receive the Batch ID o Official in Programme Division of T+9to T+11 | By MoRD MORD to push the relcasc and Sanction order 2 = Sanction of Funds at MoRD by US T+9 s Approval of Funds at MoRD by DDO T+10 & o Release of Funds at MoRD by PAO T+11 3| Sends authorization with Batch-1d to T+9to T+11 | By PFMS - Accredited bank after the release of fund i e 4| Fund advice file to be sent 1o sponsor bank T+12 By Accredited Bank
5. | Uploads the presentation file to NPCI T+12° | By Sponsor Bank
6. | Send the file to the Destination Bank/Post T+izto | ByNPCI Office T+13 7, | Processes the FTOs and credit the amount in T+13 10 By the worker's bank account. T+14 Destination Bank/Post Office 537 RPH (Gram Vikas-7) 2019 Dots 4E.
@ CamScanner -2 — TR W MR T, 26 AR, 2019 sl . Maximum No. Process/Aclivities time (in Remark days) 8 | Receipt of response file at NREGASoft T+1510 T+16 Sponsor o Banks send response to PFMS T+15 Bank, o PFMS send response to NREGASoft T+16 PFMS
7. While determining the responsibility of the officer on employee for the delay in payment of wages on the basis of time limit mentioned in the above Schedule the following conditions shall be taken into account by the Program Officer/Block Development Officer —
(i) During natural calamity or any such situation as is beyond the control of concerned officer / employee such period should be treated as zro period.
(ii) Government holidays should be considered as zero period.
(iii) The period during odd situation or emergency of law and order should be treated as zero peroid.
(iv) The period during Technical disruption in the Government of India's website should be treated as zero period.
(v) The period during breakdown of internet system should be treated as zero period.
8. (1) Compensation against delay payment will be paid from compensation related bank account of state employment guarantee fund. This payment shall be made like wage payment through Fund Transfer Order. For this purpose, compensation related bank account of state employment guarantee fund shall be aided with NREGA Soft.
(2) Advance money from state share of statc employment guarantee fund will be given to compensation related bank account of state employment guarantee fund.
The operation of this account will be on same pattern as state employment guarantee fund account.
(3) The reimbursement of expenditure in this account shall be made from the recovery made from pay/honorarium of officers/employees responsible for delay, by not completing their work in prescribed time limit thereby creating compensation liability. Recovery of compensation from officers/employees shall be made in ratio of their responsibilities.
(4) The recovery so made shall be deposited in compensation related account of state employment guarantce fund. Districts will inform the amount deposited in their account every month to State MGNREGA Cell, Uttar Pradesh.
9. (1) District Program Co-ordinator/ District Magistrate will regularly monitor the timely payment of wages to labourers and in case of delay , timely payment of compensation.
(2) District Program Co-ordinator/District Magistrate will dispose off the disputes related to compensation liability, fixation of responsibility etc. of all implementing agencies. For this Deputy Commissioner (Labour Employment) will submit report to District Program Co-ordinator/District Magistrate through Chief’ Development Officer. The decision taken by District Program Co-ordinator/District Magistrate shall be final.
Special Circumstances Financi ) Management Appeal By order, ANURAG SRIVASTAVA, Pramukh Sachiv.
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