Viksit Bharat—Guarantee for Rozgar and Ajeevika Mission (Gramin): VB—G RAM G (विकसित भारत—जी राम जी) Act
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27. Penalties for contravention.
Whoever contravenes any provision of this Act, shall be liable to pay the penalty which may extend to ten thousand rupees.
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28. Power to delegate.
- (1) The Central Government may, by notification, direct that the powers exercisable by it (excluding the power to make rules) may, in such circumstances and subject to such conditions and limitations, be exercisable also by the State Government or such officer subordinate to the Central Government or the State Government as it may specify in such notification.
- (2) The State Government may, by notification, direct that the powers exercisable by it (excluding the power to make rules and Schemes) may, in such circumstances and subject to such conditions and limitations, be exercisable also by such officer subordinate to it as it may specify in such notification.
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29. Power of Central Government to give directions.
- (1) The Central Government may give such directions as it may consider necessary to the State Government for the effective implementation of the provisions of this Act.
- (2) Without prejudice to the provisions of sub-section (1), the Central Government may, on receipt of any complaint regarding any issue or improper utilisation of funds granted under this Act in respect of any Scheme, if prima facie satisfied that there is a case, cause an investigation into the complaint made by any agency designated by it and if necessary, order stoppage of release of funds to the Scheme and institute appropriate remedial measures for its proper implementation within a reasonable period of time
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30. Act to have overriding effect.
The provisions of this Act or the Scheme made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law: Provided that where a State Act exists or is enacted to provide employment guarantee for unskilled manual work to rural households consistent with the provisions of this Act under which the guarantee of the households is not less than and the conditions of employment are not inferior to what is guaranteed under this Act, the State Government shall have the option of implementing its own enactment: Provided further that in such cases the financial assistance shall be paid to the concerned State Government in such manner as shall be determined by the Central Government, which shall not exceed what the State would have been entitled to receive under this Act had a Scheme made under this Act had to be implemented.
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31. Power to amend Schedules.
- (1) If the Central Government is satisfied that it is necessary or expedient to do so, it may, by notification, amend Schedule.
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32. Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against the District Programme Coordinator, Programme Officer or any other person who is, or who is deemed to be, a public servant within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023(45 of 2023) in respect of anything which is in good faith done or intended to be done under this Act or the rules or Schemes made thereunder.
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33. Power of Central Government to make rules.
- (1) The Central Government shall, by notification, and subject to the condition of previous publication, make rules to carry out the provisions of this Act.
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
- (a) State-wise normative allocation for each financial year, based on objective parameters under sub-section (5) of section 4;
- (b) manner and procedure to bear the excess expenditure and its parameters under sub-section (6) of section 4;
- (c) the composition, terms and conditions of appointment, tenure and procedure of meeting under sub-section (3) of section 12;
- (d) the detailed functions, responsibilities and modalities under sub-section (4) of section 12;
- (e) terms and conditions of appointment of officials of National Level Steering Committee under sub-section (2) of section 14;
- (f) manner to redress the grievance under clause (d) of sub-section (3) of section 17;
- (g) manner of conducting social audit by Gram Sabha under sub-section (2) of section 20;
- (h) manner to bear the expenses of Scheme under sub-section (3) of section 22;
- (i) objective parameters to determine the State-wise normative allocation under sub-section (4) of section 22;
- (j) manner and procedure to bear the excess expenditure under sub-section (5) of section 22;
- (k) other items under clause (c) of sub-section (6) of section 22;
- (l) other items under clause (c) of sub-section (7) of section 22;
- (m) manner of payments of wages and unemployment allowances under sub-section (4) of section 23;
- (n) social audit mechanism, and the adoption of such other technology-enabled systems under clause (e) of section 24;
- (o) manner to lay down the procedure for disposal of complaints under sub-section (1) of section 25;
- (p) the manner of transfer and vesting under sub-section (5) of section 37;
- (q) any other matter which is to be, or prescribed or in respect of which provision is to be made by rules for carrying out the provisions of this Act.
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34. Power of State Government to make rules.
- (1) The State Government may, by notification, and subject to the condition of previous publication, and consistent with the provisions of this Act and the rules made by the Central Government, make rules to carry out the provisions of this Act.
- (2) In particular, and without prejudice of the foregoing power, such rules may provide for all or any of the following matters, namely:—
- (a) terms and conditions of eligibility under sub-section (2) of section 11;
- (b) the procedure for payment of unemployment allowance under sub-section (6) of section 11;
- (c) terms, conditions, time, place and procedure of meeting and quorum under sub-section (2) of section 13;
- (d) expenditure towards unemployment allowance and delay compensation under sub-section (8) of section 22;
- (e) manner of maintaining proper books and accounts under sub-section (2) of section 23;
- (f) form and manner to maintain the accounts of the Scheme under sub-section (2) of section 26;
- (g) any other matter which is to be, or prescribed or in respect of which provision is to be made by the State Government, for carrying out the provisions of this Act.
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35. Laying of rules and Schemes.
- (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
- (2) Every rule or Scheme made by the State Government under this Act shall, as soon as may be after it is made, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislature, before that House.
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36. Power to remove difficulties.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
- (2) No order shall be made under this section after the expiry of three years from the commencement of this Act.
- (3) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
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37. Repeal, savings and transitional provisions.
- (1) Save as provided in section 10, on and from such date as the Central Government may by notification appoint in this behalf (hereinafter referred to as the appointed date), the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (42 of 2005), together with all rules, notifications, Schemes, orders and guidelines made thereunder, shall stand repealed.
- (2) Notwithstanding such repeal, anything duly done or any action taken under the repealed Act, including any notification issued, scheme sanctioned, employment generated, muster roll prepared, wage liability accrued, or proceeding initiated, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done, taken, issued, sanctioned, accrued or incurred under the corresponding provisions of this Act, as if this Act had been in force at all material times.
- (3) All appointments, engagements, authorisations, approvals and administrative arrangements made under the repealed Act and continuing immediately before the appointed date shall, unless inconsistent with the provisions of this Act, continue to be valid and in force until they are altered, superseded or withdrawn under this Act.
- (4) All inquiries, investigations, audits and legal proceedings pending immediately before the appointed date shall be continued, heard and disposed of as if the repealed Act had not been repealed, and such proceedings shall not abate by reason only of such repeal.
- (5) All assets, liabilities, records, funds and obligations arising under, or relating to, the repealed Act shall stand transferred to and vest in the authorities constituted under this Act and shall be dealt with in such manner as may be prescribed by the Central Government.
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