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    National Rural Employment Guarantee Act

    Term Paper

    BUSINESS

    ENVIRONMENT

    MASTERS OF BUISNESS

    ADMINISTRATION

    (Information Technology)

    Submitted By:-

    HARPRIT SINGH

    1

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    Roll NO 1906A63

    2

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    Table of Contents

    S.No. Topic Page

    1 INTRODUCTION 4

    2POLITICAL BACKGROUND, FUNDING, THE PLAN

    5

    3PROCESS

    6

    4IMPLEMENTATION

    7

    5 WORKS, OBJECTIVE 8

    6NREGA GOAL , SALIENT FEATURES OF THE ACT

    9

    7PARADIGM SHIFT FROM WAGE EMPLOYMENT

    PROGRAMMES

    11

    8FORMULATION OF STATE EMPLOYMENT

    GUARANTEE SCHEMES12

    9CONDITIONS FOR GUARANTEED RURAL

    EMPLOYMENT SCHEME12

    10FEATURES OF RURAL EMPLOYMENT GUARANTEE

    SCHEME13

    11CONDITIONS FOR GUARANTEED RURALEMPLOYMENT UNDER A SCHEME AND

    MINIMUMENTITLEM ENTS OF LABOURERS

    15

    12PERSON DAYS PER RURAL HOUSEHOLD 2006-2007

    19

    13PERSON DAYS PER RURAL HOUSEHOLD 2009

    20

    14SHARE OF WOMEN IN NREGA EMPLOYMENT 2006-

    2007 & SHARE OF WOMEN IN NREGA EMPLOYMENT

    2009

    21

    15NREGA: EMPLOYMENT & WAGES, 2006-2007

    AVERAGE WAGE COSTPER PERSON-DAY

    23

    16 Bibliography 29

    The National Rural Employment Guarantee Act or NREGA is an Indian job guarantee

    scheme, enacted by legislation on August 25, 2005. The scheme provides a legal guarantee for3

    http://en.wikipedia.org/wiki/Job_guaranteehttp://en.wikipedia.org/wiki/Job_guarantee
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    one hundred days of employment in every financial year to adult members of any rural

    household willing to do public work-related unskilled manual work at the statutory minimum

    wage of Rs.100 per day. The Central government outlay for scheme is Rs. 39,100 crores ($8

    billion) in FY 2009-10.

    "schemes". Under the NREGA the Central Government meets the cost towards the payment ofwage, 3/4 of material cost and some percentage of administrative cost. State Governments meet

    the cost of unemployment allowance, 1/4 of material cost and administrative cost of State

    council. Since the State Governments pay the unemployment allowance, they are heavily

    incentivized to offer employment to workers. However, it is up to the State Government to

    decide the amount of unemployment allowance, subject to the stipulation that it not be less than

    1/4th the minimum wage for the first 30 days, and not less than 1/2 the minimum wage

    thereafter. 100 days of employment (or unemployment allowance) per household must be

    provided to able and willing workers every financial year

    This act was introduced with an aim of improving the purchasing power of the rural people,primarily semi or un-skilled work to people living in rural India, whether or not they are below

    the poverty line. Around one-third of the stipulated work force is women. The government is

    planning to open a call centre. Once operational, the call centre can be approached on the toll-

    free number, 1800-345-22-44. It has been renamed as Mahatma Gandhi Rural Employment

    Guarantee Act on 2nd October, 2009.

    POLITICAL BACKGROUND

    4

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    The act was brought about by the UPA coalition government supported by the left parties. The

    promise of this project was one of the major factors that gained UPA victory in the Indian

    general election, 2004.

    Dr.Jean Drze, a Belgian born economist, at the Delhi School of Economics, has been a major

    influence on this project

    F UNDING

    The scheme started from February 2,2006in 200 districts, was expanded to cover another 130

    districts in 2007-2008 and eventually covered all 593 districts in India in 2008. The outlay was

    Rs. 11,000 crores in 2006-2007, and has been rising steeply, to Rs. 39,100 crores in 2009-2010.

    THE PLAN

    The NREGA is an act and can be amended only by Parliament. The act directs state governments

    to implement NREG "schemes". Under the NREGA the Central Government meets the cost

    towards the payment of wage, 3/4 of material cost and some percentage of administrative cost.

    State Governments meet the cost of unemployment allowance, 1/4 of material cost and

    administrative cost of State council. Since the State Governments pay the unemployment

    allowance, they are heavily incentivized to offer employment to workers. However, it is up to the

    State Government to decide the amount of unemployment allowance, subject to the stipulation

    that it not be less than 1/4th the minimum wage for the first 30 days, and not less than 1/2 the

    minimum wage thereafter. 100 days of employment (or unemployment allowance) per household

    must be provided to able and willing workers every financial year.

    5

    http://en.wikipedia.org/wiki/United_Progressive_Alliancehttp://en.wikipedia.org/wiki/Indian_general_election,_2004http://en.wikipedia.org/wiki/Indian_general_election,_2004http://en.wikipedia.org/wiki/Indian_general_election,_2004http://en.wikipedia.org/wiki/Indian_general_election,_2004http://en.wikipedia.org/wiki/Jean_Dr%C3%A8zehttp://en.wikipedia.org/wiki/Jean_Dr%C3%A8zehttp://en.wikipedia.org/wiki/Jean_Dr%C3%A8zehttp://en.wikipedia.org/wiki/Delhi_School_of_Economicshttp://en.wikipedia.org/wiki/February_2http://en.wikipedia.org/wiki/February_2http://en.wikipedia.org/wiki/2006http://en.wikipedia.org/wiki/2006http://en.wikipedia.org/wiki/United_Progressive_Alliancehttp://en.wikipedia.org/wiki/Indian_general_election,_2004http://en.wikipedia.org/wiki/Indian_general_election,_2004http://en.wikipedia.org/wiki/Jean_Dr%C3%A8zehttp://en.wikipedia.org/wiki/Delhi_School_of_Economicshttp://en.wikipedia.org/wiki/February_2http://en.wikipedia.org/wiki/2006
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    P ROCESS

    Adult members of rural households submit their name, age and address with a photo to the Gram

    Panchayat. The Panchayat registers households after verification and issues a job card. The jobcard contains the details of the adult member enrolled and his/her photo. A registered person can

    submit an application for work in writing (for at least fourteen days of continuous work) either to

    the panchayat or to Programme Officer.

    The panchayat/programme officer accepts the valid application and issue a dated receipt of

    application. A letter providing employment will be sent to the applicant and also displayed at the

    panchayat office. Employment will be provided if possible within a radius of 5 km; if it is above

    5 km, transport allowance and 10% extra living allowance will be paid. New public works can be

    started when at least 50 workers become available who cannot be absorbed under existing

    schemes. If employment under the scheme is not provided within fifteen days of receipt of theapplication daily unemployment allowance will be paid to the applicant.

    No discrimination between men and women is allowed under the act. Therefore, men and women

    must be paid the same wage. All adults can apply for employment, not just those below the

    poverty line.

    6

    http://en.wikipedia.org/wiki/Gram_Panchayathttp://en.wikipedia.org/wiki/Gram_Panchayathttp://en.wikipedia.org/wiki/Gram_Panchayathttp://en.wikipedia.org/wiki/Gram_Panchayathttp://en.wikipedia.org/wiki/Gram_Panchayat
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    I MPLEMENTATION

    The Comptroller and Auditor General (CAG) of India, in its performance audit of theimplementation of NREGA has found "significant deficiencies" in the implementation of the

    act.The plan was launched in February 2006 in 200 districts and eventually extended to cover

    593 districts. 4,49,40,870 rural households were provided jobs under NREGA during 2008-09,

    with an national average of 48 working days per household.

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    WORKS

    The NREGA achieves twin objectives of rural development and employment. The NREGA

    stipulates that works must be targeted towards a set of specific rural development activities suchas: water conservation and harvesting, afforestation, rural connectivity, flood control and

    protection such as construction and repair of embankments, etc. Digging of new tanks/ponds,

    percolation tanks and construction of small check dams are also given importance. The employed

    are given work such as land leveling, tree plantation, etc.

    OBJECTIVE

    The National Rural Employment Guarantee Act, (NREGA) was notified on September 7,

    2005.The objective of the Act is to enhance livelihood security in rural areas by providing atleast 100 days of guaranteed wage employment in a financial year to every household whose

    adult members volunteer to do unskilled manual work.

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    NREGA GOAL

    Strong social safety net for the vulnerable groups by providing a fall-back employment

    source, when other employment alternatives are scarce or inadequate

    Growth engine for sustainable development of an agricultural economy. Through theprocess of providing employment on works that address causes of chronic poverty such

    as drought, deforestation and soil erosion, the Act seeks to strengthen the natural resource

    base of rural livelihood and create durable assets in rural areas. Effectively implemented,

    NREGA has the potential to transform the geography of poverty

    Empowerment of rural poor through the processes of a rights-based Law

    New ways of doing business, as a model of governance reform anchored on the principles

    of transparency and grass root democracy

    SALIENT FEATURES OF THE ACT

    Adult members of a rural household, willing to do unskilled manual work, may apply for

    registration in writing or orally to the local Gram Panchayat

    The Gram Panchayat after due verification will issue a Job Card. The Job Card will bear

    the photograph of all adult members of the household willing to work under NREGA and

    is free of cost.

    The Job Card should be issued within 15 days of application.

    A Job Card holder may submit a written application for employment to the Gram

    Panchayat, stating the time and duration for which work is sought. The minimum days of

    employment have to be at least fourteen.

    The Gram Panchayat will issue a dated receipt of the written application for employment,

    against which the guarantee of providing employment within 15 days operates.

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    Employment will be given within 15 days of application for work, if it is not then daily

    unemployment allowance as per the Act, has to be paid liability of payment ofunemployment allowance is of the States.

    Work should ordinarily be provided within 5 km radius of the village. In case work is

    provided beyond 5 km, extra wages of 10% are payable to meet additional transportation

    and living expenses. Wages are to be paid according to the Minimum Wages Act 1948 for agricultural laborers

    in the State, unless the Centre notifies a wage rate which will not be less than Rs. 60/ per

    day. Equal wages will be provided to both men and women.

    Wages are to be paid according to piece rate or daily rate. Disbursement of wages has to

    be done on weekly basis and not beyond a fortnight in any case.

    At least one-third beneficiaries shall be women who have registered and requested workunder the scheme.

    Work site facilities such as crche, drinking water, shade have to be provided.

    The shelf of projects for a village will be recommended by the gram sabha and approvedby the zilla panchayat.

    At least 50% of works will be allotted to Gram Panchayats for execution.

    Permissible works predominantly include water and soil conservation, forestation andland development works.

    A 60:40 wage and material ratio has to be maintained. No contractors and machinery is

    allowed.

    The Central Government bears the 100 percent wage cost of unskilled manual labor and

    75 percent of the material cost including the wages of skilled and semi skilled workers

    Social Audit has to be done by the Gram Sabha

    Grievance redressal mechanisms have to be put in place for ensuring a responsive

    implementation process.

    All accounts and records relating to the Scheme should be available for public scrutiny.

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    PARADIGM SHIFT FROM WAGE EMPLOYMENT PROGRAMMES

    NREGA marks a paradigm shift from all precedent wage employment programmes. The

    significant aspects of this paradigm shift are captured below: NREGA provides a statutory guarantee of wage employment.

    It provides a rights-based framework for wage employment. Employment is dependentupon the worker exercising the choice to apply for registration, obtain a Job Card, and

    seek employment for the time and duration that the worker wants.

    There is a 15 day time limit for fulfilling the legal guarantee of providing employment.

    The legal mandate of providing employment in a time bound manner is underpinned by

    the provision of Unemployment Allowance.

    The Act is designed to offer an incentive structure to the States for providing employment

    as ninety percent of the cost for employment provided is borne by the Centre. There is aconcomitant disincentive for not providing employment as the States then bear the double

    indemnity of unemployment and the cost of unemployment allowance.

    Unlike the earlier wage employment programmes that were allocation based. NREGA isdemand driven. Resource transfer under NREGA is based on the demand for employment

    and this provides another critical incentive to States to leverage the Act to meet the

    employment needs of the poor.

    NREGA has extensive inbuilt transparency safeguards

    Documents: Job Cards recording entitlements (in the custody of workers) written

    application for employment, Muster Rolls, Measurement Books and Asset Registers

    Processes: Acceptance of employment application, issue of dated receipts,time bound work allocation and wage payment, Citizen Information Boards at

    worksites, Vigilance Monitoring Committees, regular block, district and state levelinspections and social audits.

    The public delivery system has been made accountable, as it envisages an Annual Report

    on the outcomes of NREGA to be presented by the Central Government to the Parliament

    and to the Legislature by the State Government. Specifically personnel responsible forimplementing the Act have been made legally responsible for delivering the guarantee

    under the Act.

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    CONDITIONS FOR GUARANTEED RURAL EMPLOYMENT SCHEME

    Registration to be made at the level of Gram Panchayat for issuance of job cards. Duty of the Gram Panchayat to issue the job card after making such an enquiry as it may

    deem fit.

    The registration for not less than 5 years and to be renewed from time to time.

    Every job card holder entitled to apply for unskilled manual work under the scheme.

    All registered persons belonging to a house hold entitled to employment in accordance

    with the scheme for as many days as each applicant may request, subject to a maximum

    of 100 days per house hold in a given financial year.

    Such job to be provided within a period of 15 days of the receipt of an application or

    from the date he/she seeks work in case of advance application which ever is later.

    12

    FORMULATION OF STATE EMPLOYMENT GUARANTEE SCHEMES

    Under Section 4 of the Act the Scheme to be formulated by the State Government will

    conform to the legally non-negotiable parameters laid down in Schedules I and II of theAct. In addition, the Schemes will conform to the operational parameters delineated in

    the Guidelines.

    The Scheme so formulated will be called the National Rural Employment Guarantee

    Scheme (NREGS), followed by the name of the State. The National level name and logois mandatory. This logo will be used for all IEC materials and activities.

    The Scheme will be implemented as a Centrally Sponsored Scheme on a cost-sharing

    basis between the Centre and the States as determined by the Act. Annexure A1 lists allthe essential features that the Rural Employment Guarantee Scheme should cover.

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    The schedule of rates of wages for unskilled labourers shall be so fixed that a personworking for 7 hours would normally earn a wage equal to the wage rate.

    The cost of material component of projects including the wages of the skilled and semi

    skilled workers taken up under the scheme shall not exceed 40% of the total project costs.

    It shall be open to the programme officer and Gram Panchayat to direct any person who

    applied for employment under the scheme to do work of any type permissible under it.

    The scheme shall not permit engaging any contractor for implementation of the projects

    under it.

    As far as practicable, a task funded under the scheme shall be performed by usingmanual labour and not machines.

    Every scheme shall contain adequate provisions for ensuring transparency and

    accountability at all levels of implementation.

    Provisions for regular ins pection and supervision of works taken up under the scheme

    shall be made to ensure proper quality of work as well as to ensure that the total wagespaid for the completion of the work is commensurate with the quality and quantity of

    work done..

    The District Programme Coordinator, The Programme Officer and the Gram Panchayat

    implementing the scheme shall prepare annually a report containing the facts and figures

    and achievements relating to the implementation of the scheme within his or itsjurisdiction and a copy of the same shall be made available to the public on demand and

    on payment of such free as may be specified in the scheme.

    All accounts and records relating to the scheme shall be made available for public

    scrutiny and any person desirous of obtaining copy or relevant extracts therefrom may be

    provided such copies of extracts on demand and after paying such fee as may be specified

    in the scheme. A copy of the muster rolls of each scheme or project under a scheme shall be made

    available in the office of the Gram Panchayat and Programme Officer for inspection by

    any person interested after paying such fee as may be specified in the scheme.

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    CONDITIONS FOR GUARANTEED RURAL EMPLOYMENT UNDER A

    SCHEME

    AND MINIMUMENTITLEM ENTS OF LABOURERS

    The adult members of every household who-

    o reside in any rural areas; and

    o are willing to do unskilled manual work, may submit their names, age and the address of

    the household to the Gram Panchayat at the village level (hereafter in this Schedule

    referred to as the Gram Panchayat) in the jurisdiction of which they reside for registration

    of their household for issuance of a job card.

    It shall be the duty of the Gram Panchayat to register the household, after making

    such enquiry as it deems fit and issue a job card containing such details of adult membersofthe household affIXing their photographs, as may be specified by the State Governmentinthe Scheme.

    The registration made under paragraph 2 shall be for such period as may be laid

    inthe Scheme, but in any case not less than five years, and may be renewed from time totime.

    Every adult member of a registered household whose name appears in the job

    cardshall be entitled to apply for unskilled manual work under the Scheme.

    All registered persons belonging to a household shall be entitled to employment

    inaccordance with the Scheme made under the provisions of this Act, for ashlany days as

    eachapplicant may request, subject to a maximum of one hundred days per household in a

    givenfinancial year. The Programme Officer shall ensure that every applicant referred to in paragraph 5

    shall be provided unskilled manual work in accordance with the provisions of the

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    Schemewithin fifteen days of receipt of an application or from the date he seeks work in

    case ofadvance application, whichever is later:Provided that priority shall be given to

    women in such a way that at least one-third ofthe beneficiaries shall be women who have

    registered and requested for work under this Act.

    Applications for work must be for at least fourteen days of continuous work.

    There shall be no limit Qn the number of days of employment for which a person

    mayapply, or on the number of days of employment actually provided to him subject totheaggregate entitlement of the household.

    Applications for work may be submitted in writing either to the Gram Panchayat

    or tothe Programme Officer, as may be specified in the Scheme.

    The Gram Panchayat and Programme Officer, as the case may be, shall be bound

    toaccept valid applications and to issue a dated receipt to. the applicant. Group

    applicationsmay also be submitted.

    Applicants who are provided with work shall be so intimated in writing, bymeansof a letter sent to him at the address given in the job card and by a public notice

    displayed atthe office of the Panchayats at the district, intermediate or village level.

    As far as possible, employment shall be provided within a radius of five

    kilometersof the village where the applicant resides at the time of applying. A new work under the Scheme shall be commenced only if- at least fifty labourersbecome available for such work; and the labourers cannot be absorbed in the ongoing

    works: Provided that this condition shall not be applicable for new works, as determined

    by the State Government, in hilly areas and in respect of afforestration. .

    In cases the employment is provided outside such radius, it must be provided

    within the Block, and the labourers shall be paid ten per cent. of the wage rate as extra

    wagesto meet additional transportation and living expenses.

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    A period of employment shall ordinarily be at least fourteen days continuouslywith not more than six days in a week.

    In all cases where unemployment allowance is paid, or due to be paid, the

    Programme Officer shall inform the District Programme Coordinator in writing the

    reasons why it was not possible for him to provide employment or cause to provideemployment to the applicants.

    The District Programme Coordinator shall, in his Annual Report to the State

    Council, explain as to why employment could not be provided in cases where payment ofunemployment allowance is involved.

    Provision shall be made in the Scheme for advance applications, that is,

    applications which may be submitted in advance of the date from which employment issought.

    Provision shall be made in the Scheme for submission of multiple applications

    bythe same person provided that the corresponding periods for which employment issought do not overlap.

    The Gram Panchayat shall prepare and maintain or cause to be prepared andmaintained such registers, vouchers and other documents in such form and in such

    manner as may be specified in the Scheme containing particulars of job cards andpassbooks issued,name, age and address of the head of the household and the adult

    members of the household registered with the Gram Panchayat.

    The Gram Panchayat shall send such list or lists of the names and addresses ofhouseholds and their adult members registered with it and supply such other information

    to the concerned Programme Officer at such periods and in such form as may be

    specified in the Scheme.

    A list of persons who are provided with the work shall be displayed on the notice

    board of the Gram Panchayat and at the office of the Programme Officer and at such

    other places as the Programme Officer may deem necessary and the list shall be open for

    inspection by the State Government and any person interested.

    If the Gram Panchayat is satisfied at any time that a person has registered with it by

    furnishing false information, it may direct the Programme Officer to direct his name to be

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    struck off from the register and direct the applicant to return the job card: Provided that

    no such action under this paragraph shall be directed unless the applicant has been given

    an opportunity of being heard in the presence of two independent persons.

    If any personal injury is caused to any person employed under the Scheme

    byaccident arising out of and in the course of his employment, he shall be entitled to, free

    of charge, such medical treatment as is admissible under the Scheme. Where hospitalization of the injured worker is necessary, the State Government

    shall arrange for such hospitalization including accommodation, treatment, medicines and

    payment of daily allowance not less than half of the wage rate required to be paid had theinjured been engaged in the work.

    If a person employed under a Scheme dies or becomes permanently disabled by

    accident arising out of and in the course of employment, he shall be paid by theimplementingagency an ex gratia payment at the rate of twenty- five thousand rupees or

    such amount as may be notified by the Central Government, and the amount shall be paid

    to the legal he irs of the deceased or the disabled, as the case may be.

    The facilities of safe drinking water, shade for children and periods of rest, first-aid

    box with adequate material for emergency treatment for minor injuries and other healthhazards conne cted with the work being performed shall be provided at the work site.

    In case the number of children below the age of six years accompanying the

    women working at any site are five or more, provisions shall be made to depute one of

    such women worker to look after such children.

    The person deputed under paragraph 28 shall be paid wage rate.

    In case the payment of wages is not made within the period specified under the

    Scheme, the labourers shall be entitled to receive payment of compensation as per

    theprovisions of the Payment of Wages Act, 1936 (4 of 1936).

    The wages under a Scheme may be paid either wholly in cash or in cash and kind

    provided that at least one- fourth of the wages shall be paid in cash only.

    The State Government may prescribe that a portion of the wages in cash may bepaid to the labourers on a daily basis during the period of employment.

    If any personal injury is caused by accident to a child accompanying any person

    who is employed under a Scheme, such person shall be entitled to, free of charge, such

    medical treatment for the child as may be specified in the Scheme and in case of death ordisablement, through an exgratia payment as may be determined by the State

    Government.

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    In case of every employment under the Scheme, there shall be no discrimination

    solely on the ground of gender and the provisions of the Equal Remuneration Act, 1976(25 of 1976), shall be complied with.

    Person-days per rural househo ld 2006-2007

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    Person-days per rural househo ld 2009

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    Share of Women in NREGA Employment 2006-2007

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    Share of Women in NREGA Employment 2009

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    NREGA: Employment and Wages, 2006- 2007

    0

    20

    40

    60

    80

    100

    120

    140

    0 20 40 60 80

    Wagerate(Rs/day)

    Person-days of work per rural household

    Average Wage Cost per Person-Day

    Kerala 121 Jammu & Kashmir 69

    Maharashtra 104 Assam 67

    Haryana 97 Karnataka 67

    Punjab 94 North-East 63

    Andhra Pradesh 86 Chhattisgarh 63

    Jharkhand 80 Madhya Pradesh 59

    Tamil Nadu 80 Uttar Pradesh 56

    Uttarakhand 72 Gujarat 56

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    Bihar 70 Orissa 53

    West Bengal 70 Rajasthan 51

    Himachal Pradesh 69 INDIA 64

    NREGA and Party Politics 2006-2007

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    Bibliography

    Government of India, Ministry of Rural Development Economic & Monitoring Wing , by

    National Level Monitors.

    www.nrega.nic.co

    Union Budget 2009-10

    BS Reporter / New Delhi July 6, 2009, 13:52 IST

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