The Supreme Court on Monday decided to examine deficiencies in the working of the MGNREGA scheme. Issuing notice to the Centre on a PIl filed by noted social activist Aruna Roy among others, the Court took note of the petition which alleged delay in payment of wages and compensation for non-payment of wages.
This is the second petition admitted by the Supreme Court on the implementation of MGNREGA scheme. The first petition filed by NGO Centre for Environment and Food Security had alleged corruption in the issue of job cards and sought social audit of the scheme as recommended by the Comptroller and Auditor General in its report in 2013.
Arguing for Aruna Roy, advocate Prashant Bhushan pointed out that Section 7 of the MGNREGA Act guarantees employment to every applicant within 15 days of applying, failing which an unemployment allowance has to be paid. In the event, work is allotted, wages have to be paid within 15 days from the date work is done. In the event there is delay in payment of wages, for every day of delay beyond the stipulated period of 15 days, the applicant will be entitled to compensation at the rate of 0.05 per cent of the wages. This burden is to be borne by Centre, the petition said.
The bench of Chief Justice Hl Dattu and Justice Amitava Roy said, “We are issuing notice. We understand that you are asking compensation for delay in payment of wages and states to wake up and make prompt payment.”
Bhushan sought to show records for the financial years 2012-13 to 2014-15 published on the MGNREGA official website that revealed widespread delays in disbursement of more than 50 per cent of wages beyond the statutory period of 15 days. Section 17 of the Act along with Audit of Scheme Rules, 2011 empowers Gram Sabha to conduct bi-annual social audits to monitor and evaluate the implementation of the Act but that seemed to be only on paper, the petition alleged. There is also a provision for penalty against violators. The bench asked Bhushan to reserve his arguments for the next date when the Centre’s response will be available.