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  • 7/30/2019 The Significance and Limitations of Indias National Rural Employment Guarantee Act 1203679784232090 5 [Compatibility Mode] [Repaired]

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    THE SIGNIFICANCE AND LIMITATIONSOF INDIAS NATIONAL RURAL

    EMPLOYMENT GUARANTEE ACT IN

    ADDRESSING RURAL POVERTY

    Smita Gupta

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    The post-1990s are marked by the pursuit of neo-liberal policies:

    Deflationary macroeconomic policies and falling public

    development expenditure as pc of GDP on public works,

    employment generation, rural infrastructure, social services,etc.

    Trade liberalization with farmers loosing protection against

    international price fluctuations

    Structural Adjustment Policies resulting in higher input

    costs and withdrawal of the state from credit, extension

    services, procurement, price support and infrastructure.

    An unparalleled and comprehensive crisis took firm root

    in rural India, resulting in peasant suicides, starvation

    deaths, impoverishment, and hunger.

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    RURAL CRISISGrowing unemployment and underemployment

    Falling purchasing powerDeclining per capita availability of foodgrains

    Reduced farm incomes and real wage growth

    Indebtedness and land alienation, esp. for

    small and marginal farmers.

    Deceleration in agricultural growth, productivity

    per worker and rural non-agricultural employment

    growthSlackening pace of poverty reduction and

    worsening poverty amongst marginalized social

    groups and ethnic minorities

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    Broadly speaking, three different positions are taken

    on NREGS:

    Left-Keynesian: it is both desirable and feasible

    for broad-based equitable growth to reviveagriculture and the rural economy by the creation

    of productive assets and the multiplier effects of

    demand expansion in a situation of excess

    capacity, unemployment and idle resources. Neo-liberal: It is neither desirable nor feasible on

    the grounds of non-affordability, corruption, and

    preference for human capital and infrastructure-

    led growth models. Liberal: it is the human face of globalization, a

    kind of social safety net which is desirable but

    feasible only under very restricted conditions of

    fiscal discipline.

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    The Employment Guarantee Act is a step

    towards the right to work, as an aspectof the fundamental right to live withdignity

    It is a recognition that the state cannotretreat from rural development and isresponsible to ensure food and

    livelihood security for the masses

    The neo-liberal state had begun to i ntervene more and more aggressively against the poor and r ural In dia. The NREGA is a recognition that the state cannot retreat fr om pro-poordevelopment and i s responsible to ensure food and l ivelihood security

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    The National Rural EmploymentGuarantee Act 2005 is a law whereby

    any adult who is willing to do unskilledmanual work at the minimum wage isentitled to being employed on local

    public works within 15 days ofapplying, with a guarantee of 100days of unskilled manual work per

    household per yearCurrently it covers half of ruralIndia, to be extended to the rest

    within 4 years

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    NREGS is a demand driven

    programme and employment is tobe provided to eligible workers on

    demand, within 15 days.

    Step 1 Registration

    Step 2 Verification

    Step 3 Issuing Job CardsStep 4 Application

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    Unemployment allowances

    If Employment is not provided within 15 days of receipt of application,

    the worker shall be entitled to a daily Unemployment allowance(7(1))

    Rates (7(2))

    For First 30 days

    For the remaining period of theFinancial year

    Employment wage +Unemployment

    allowance

    One fourth of the wage rate.

    Not less than one half of the

    wage rate

    Equal to the wages for 100

    days of work in a financialyear (7(3d))

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    Minimum Wage

    A person working for 7 hours would normally earn a

    wage equal to the wage rate(SchI(8))

    Minimum wage fixed by the state Government

    under the minimum wage Act,1948;

    Centre may fix wages, at not less than Sixty rupeesper day (6(1))

    The Act permits productivitylinked wages under

    piece rate, with due protection

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    Mandatory Worksite Facilities for laborers

    Safe drinking water

    Shade for children and periods of rest

    First-aid Box for emergency treatment andminor injuries

    Depute one woman worker to look after five

    or more children below the age of six years ofwomen laborers at the wage rate

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    Permissible works in order of priority(SchI(1))

    water conservation;

    drought proofing ; irrigation canals including micro and minor irrigation works; provision of irrigation facility to land owned by households

    belonging to the SCs and STs or to land of land reforms andIndira Awas Yojana beneficiaries;

    renovation of traditional water bodies; land development;

    flood control and protection works; rural connectivity to provide all-weather access; and any other work which may be notified by the Central

    Government in consultation with the State Government.

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    5/24/2013

    OUTCOMES [field reports]

    Reduction in distress out-migration due toavailability of additional income and work

    creation and repair of rural infrastructure like roadsand water bodies

    Retention of children in school and purchase ofbooks for them

    Greater interest in local area development due to flowof funds and village meetings

    Changing local dynamics in many places with therecognition by workers that they are right holders

    Expansion in membership and activities of workers

    and peasant organizations

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    NREGA and Poverty Reduc tion

    Potential: NREGA holds a huge promise for poverty reduction

    with a supplementary average annual household income of Rs

    6000. for this, wages, work days and aggregate expenditure on

    the Scheme should be high if the Programme has to make anysignificant dent on poverty. Creation of social and economic

    infrastructure too would go a long way in reducing poverty.

    Experience: The poverty reducing potential is severelyundermined through:

    non-recognition of eligible persons as right holders;

    inability to make claims due to imposition of a host of arbitrary

    and discretionary eligibility conditions;

    non-fulfilment of entitlements guaranteed under the Act, in

    particular days of work and wages;

    restrictions on the nature of permissible works;

    absence of work in the most food-deficit rainy season due to

    focus on manual labour and earth works

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    CURTAILMENT OF ENTITLEMENTS

    A. Definition of Household

    On the basis of common kitchen not nuclear family,number of eligible workers per household >3

    This reduces per capita entitlements

    Disenfranchises female headed households and

    widowed/separated/estranged married daughters innatal and marital homes

    B. Exclusion of Eligible Persons

    ElderlyMigrants

    Lack of documentary evidence not required by the law

    Divorced/widowed/separated women in natal/marital

    homes as se arate nuclear households

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    Percentage Rural HouseholdsIssuedJobcard

    0.00

    10.00

    20.00

    30.00

    40.00

    50.00

    60.00

    AndhraPradesh

    ArunachalPradesh

    AssamBihar

    ChhattisgarhGujarat

    Haryana

    HimachalPradesh

    Jammu&KashmirJharkhand

    KarnatakaKerala

    MadhyaPradesh

    MaharashtraManipur

    MeghalayaMizoramNagalandOrissa

    Punjab

    RajasthanSikkim

    TamilNaduTripu

    ra

    UttarPradesh

    Uttaranchal

    WestBengal AllIndia

    State

    ercenage

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    C. Non-payment Of Minimum Wages

    Workers are earning no more than 40 to 60 per cent

    of minimum wage, ranging from Rs 16 to Rs 40 perday

    Due to unrealistically high work norms under

    productivity linked piece rates;Inadequate identification of the component tasks;

    No differentiation for the elderly, women and ecology;

    Administrative inadequacies in task specification, soil

    identification, lift and lead provision, measurement,

    both in terms of procedures and adequacy of staff

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    D. INADEQUATE WORK

    GENERATION DUE TO

    RIGIDITIES IN PERMISSIBLEWORKS AND

    ADMINISTRATIVEINADEQUACIES

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    WorkDaysPer RegisteredHousehol

    0.00

    10.00

    20.00

    30.00

    40.00

    50.00

    60.00

    70.00

    AndhraPradesh

    ArunachalPradeshAssamBihar

    Chhattisgarh Gujarat

    Haryana

    HimachalPradesh

    Jammu&KashmirJharkhandKarnatakaKerala

    MadhyaPradesh

    MaharashtraManipur

    MeghalayaMizoram

    NagalandOrissa

    Punjab

    RajasthanSikkim

    TamilNaduTripura

    UttarPradesh

    Uttaranchal

    WestBengal AllIndia

    States

    orays

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    E. INADEQUATE WORKSITE FACILITIES

    F. NON-PAYMENT OF UNEMPLOYMENT

    ALLOWANCE OR COMPENSATION

    All these combine to result in

    G. UNDERUTILIZATION OF FUNDS ANDLOW EXPENDITURE

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    Financial Performance During 2006-0

    0

    20

    40

    60

    80

    100

    120

    Andhra

    Prades

    h

    Arunac

    halPra

    desh A

    ssamBiha

    r

    Chhattisgarh

    Gujarat

    Haryana

    Himac

    halPra

    desh

    Jammu

    &Kashm

    ir

    Jhar

    khand

    KarnatakaKe

    rala

    Mad

    hya

    Prades

    h

    Maharas

    htra

    Man

    ipur

    Meg

    halaya

    Mizoram

    NagalandO

    rissaPunjab

    Rajasthan

    Sikkim

    Tam

    ilNadu

    Tripura

    UttarPra

    desh

    Uttaranc

    hal

    WestBenga

    lAllIndia

    States

    Percentage

    Expend

    itureagainstT

    otal

    Avai

    lable

    Funds

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    CONCLUSION

    Teething trouble apart, the same forces offiscal conservatism that earlier tried todilute the Act are now trying to curtailentitlements and minimize expenditure

    However, the NREGA offers anunprecedented opportunity to initiatebroad-based growth through povertyreducing employment generation and

    consequent demand expansion Therefore, the recent reports of

    mobilization and struggles by rural workersfor the full and proper implementation of

    the NREGA is good news!