6.8 crores or about 60% of the West Bengal population uses NREGA as a source of income or as supplementary income. Almost all NREGA work has been stopped in the state since mid-2022. To date, wages to the extent of Rs 2800 crores remain unpaid to these workers. It is almost as if the entire rural working population of West Bengal has been labelled “thief ”, and has been excluded from the program, writes Anuradha Talwar.

The Situation

One in every 10 NREGA workers in India or 1.36 crore active NREGA job card holders are from West Bengal. Taking one job card per family, this means 6.8 crores or about 60% of the West Bengal population uses NREGA as a source of income or as supplementary income.

To date, wages to the extent of Rs 2800 crores remain unpaid to these workers. Some wages are pending for two years since mid-2021. The last Fund Transfer Order (FTO) was paid by the Government of India on 16^th December 2021 and since then no wages have been paid by the Government of India. To make matters worse, no Labour Budget has been sanctioned for 2023-24 for West Bengal. As a result, almost all NREGA work has been stopped since mid-2022. It is almost as if the entire rural working population of West Bengal has been labelled “thief ”, and has been excluded from the program, while the rest of the country enjoys its fruits.

The suffering of the workers has been immense, with an adverse impact on health, education and earnings of families. At least 4 cases of suicides due to the economic distress of non-payment of wages have been reported in the media. Workers are being forced into precarious and unsafe occupations. Deaths of two women in an explosion in Purba Midnapore in a fireworks factory have been traced by media reports to the non-availability of MGNREGA work, their previous occupation. Distress migration to other states from West Bengal has reached epic proportions. To make things worse, according to available reports, vulnerable groups such as women, especially single women, SC and ST families have been disproportionately effected.

As a union of rural workers, we have been protesting about the non-payment of wages. Repeated dharnas, deputations, road blocks etc have been held, including a 60 days dharna in Delhi. Two court cases have also been filed. However, our wages have still not been paid.

The Legality / Illegality of Stoppage of Funds 

Section 3 of the MGNREG Act makes payment of wages within 2 weeks of completion of work mandatory. However, according to the reports and information available with us, NREGA wages for workers have been stopped for 18 months due to corruption and discrepancies in implementation. Bureaucrats and elected Panchayat representatives are responsible for this and have behaved in collusion with local party goons. Thus, workers’ wages have been stopped for no fault of theirs.

Through our High Court case, we recently discovered that the Government of India had invoked Section 27 of the Act for stoppage of funds on March 9^th 2022. According to its communication of that date, the Rural Development ministry claimed that despite giving various directions, advisories and orders since 2019, the State Government had not taken adequate correctional steps.

Section 27 states

“27. (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 the 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.”

The State Government on the other hand claims to have taken appropriate remedial steps and to have sent 4-5 Action Taken Reports (ATR) after the issuance of this letter.

It has also repeatedly requested revocation of Section 27. It claims that its latest ATR was sent on 2^nd February 2023, but the Central Government had not responded.

In the meantime, by the High Court’s order dated 9^th January 2023, our union was asked to file claims and the District Magistrates were asked to take appropriate action on the same. Enquiries have so far been done in 9 districts and DMs have found our claims correct, but have expressed their inability to pay due to non-availability of funds.

 Issues That Arise : Pay the Dues 

When the Government of India invoked Section 27 on 9^th March 2022, it stopped all wage, material and administrative expenses from the date of the order, but also stated that “the pending wage payment and material payment, if any, prior to the date of this order will be released by the Central Government”.

As per the NREGA website, FTOs of 71,65,472 transactions for wage payments of 1554,90.33 lakhs rupees are all lying pending and unpaid between the period 16th December 2021 and 9^th March 2022  (Table R8.8.1 Status of FTO Transaction Processed Through PFMS Window after NEFMS Implementation).

The Central Government should recommend the immediate payment of at least these due amounts of Rs. 1554 crores as a first step to clearing workers’ wage payment dues in West Bengal.

The present situation of stalemate between the two Governments cannot continue forever Section 27 requires the Government of India to institute appropriate remedial measures for its proper implementation within a reasonable period of time. Also, the state government claims to have submitted ATRs on 2^nd February 2023, which the Government of India has not responded to till date.

The Government of India and West Bengal Government need to publicly explain what remedial measures they have taken so far. If this is felt to be inadequate by the Governments concerned, immediate remedial action should be taken and Section 27 should be revoked. A Labour Budget for 2022-23 should be sanctioned for West Bengal and new works opened.

Issues That Arise: Corruption

There is no doubt that corruption is fairly widespread in MGNREGA in West Bengal and also in many other states. However this does not mean that there is no genuine work being done. Steps that punish whole states and populations for the faults of some cannot be condoned. Genuine workers cannot be penalised for the corruption of officials. Hence, proper measures to stop corruption must be put in place.

The Central Government, to control corruption, has been trying technological fixes like the National Mobile Monitoring System, which requires two photographs of workers at the worksite to be uploaded in the central monitoring system. This system is proving disastrous for workers. They are being forced to stay at the worksite for long hours even after finishing work to get photographs taken. Connectivity and electricity problems, the cost of smart phones and data cards are making this system a burden on workers. This, along with mandatory linking of job cards to Aadhar cards through the Aadhar Based Payment System and the introduction of an electronic payment system have led to delays in payment and suffering of workers, but have not led to decline in corruption. What is needed is a more participatory and transparent system with effective grievance redress.

The Government of India needs to put in place worker friendly grievance redress and anti-corruption measures. Physical muster rolls and pay slips which workers are able to check and over which they have some control (unlike the electronic, web-based centralised systems). It should also ensure that safeguards are in place with regard to Section 27 so that it cannot be used endlessly by the Government of India to punish states with Governments from Opposition parties, with workers becoming collateral damage in this war between political parties.

( The author, Anuradha Talwar, is from Pashim Banga Khet Majoor Samity and works with agricultural workers and other rural workers including tea plantation labour.)