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Indian Express
an hour ago
- Business
- Indian Express
HC orders Centre to restart MGNREGA in Bengal from Aug 1, TMC says state govt vindicated
Stating that no central scheme can be sent to cold storage forever, the Calcutta High Court on Wednesday directed the Centre to restart MGNREGA, the 100-day rural job guarantee scheme, in West Bengal prospectively from August 1. The Division Bench of the High Court, led by Chief Justice TS Sivagnanam, allowed the Centre to impose special conditions, restrictions, and regulations — not imposed in other states — to ensure that no irregularity occurs when the scheme is being implemented in West Bengal. The BJP-led government at the Centre had stopped the implementation of the scheme in West Bengal from March 9, 2022, alleging widespread irregularities and non-compliance of its directives by the state. The TMC government in the state, on the other hand, accused the Centre of withholding the MGNREGA dues for 'political reasons' and said that it has submitted 22 compliance reports to the Centre but to no avail. The Division Bench, also comprising Justice Chaitali Chatterjee (Das), said: 'The scheme of the Act does not envisage a situation where the scheme would be put to cold storage for eternity… The Centre can impose any kind of conditions to prevent corruption… If the Center wants, it can send money directly to the account of a specific person through the central portal. The Centre can carry out necessary surveillance to prevent corruption. In addition, the Centre can continue investigations in all the districts of the state.' The High Court's order came on a PIL (Public Interest Litigation) filed by an outfit of labourers called Paschim Banga Khet Mansoor Samity. The group sought the outstanding wages of workers settled with at least 0.05 per cent interest. BJP MLA and Leader of Opposition in Assembly, Suvendu Adhikari, also filed an application demanding a CBI investigation into the alleged embezzlement of Central funds in the scheme's implementation in West Bengal. Welcoming the High Court's order, West Bengal Chief Minister Mamata Banerjee said the Centre must immediately release the arrears under MGNREGA scheme and other rural development projects before sending further inquiry teams to the state. 'We welcome the High Court judgment. Let them (Centre) restart the programme first. This is not their money, it's public money. It's our right to get it,' Banerjee said at a press conference at Nabanna. 'We did not even go to court; an individual organisation went. From the government's side, we will go for a review to demand the arrears. The Centre is sending teams to Bengal, but first, give us the due money. Not a single rupee has been released for the past few years. This is public money,' she said. TMC spokesperson Kunal Ghosh said that the High Court's order vindicated the state government's stand. 'The order vindicated our stand and our fight for the central funds. The Centre has been blocking Bengal government's dues illegally and in a discriminatory manner. The High Court had on April 10 directed the central government to state why the MGNREGA scheme should not be prospectively implemented in West Bengal, leaving out four districts. It has been stated that there are allegations of defalcation of funds with regard to four districts of Purba Bardhaman, Hooghly, Malda and Darjeeling (GTA area). The Central government on Wednesday submitted its stand in the form of an affidavit on implementing the NREGA scheme prospectively in the state. During the hearing on Wednesday, the court said: 'From beginning, in so many hearings, we are trying to make it clear whether the legal beneficiaries will get their wages. If there are 10 people who have genuinely done the work, what about them?' To this, Additional Solicitor General Ashok Chakraborty, representing the Central government, said: 'Who is to assess whether these people have genuinely worked or not? Since there is factual proof of misappropriation of funds and unless we are satisfied with the State's action taken report, we cannot disburse funds.' The Chief Justice then said: 'Whatever has happened has happened. Now, draw a line and make a beginning. Prospectively implement the scheme from August 1. Impose conditions. Parallelly proceed with your inquiry and recovery of misappropriated amounts.' State Advocate General AG Kishore, representing the West Bengal government, said that nodal officers might not be required anymore for wage distribution as the Centre has come out with a new portal for the electronic disbursement of payments. The matter will come up for further hearing after August 15. Before the Centre had suspended the MGNREGS in West Bengal in March 2022, 75.97 lakh families had availed the scheme in the state in 2021-22. The number was even higher (79.65 lakh) during 2020-21, the year that saw the outbreak of Covid-19. The last allocation, made in 2021-22, was for 27 crore labour days, out of which wages worth Rs 3,500 crore were withheld by the Centre. In the previous year, 2020-21, the allocation had been 41 crore labour days. Responding to a starred question asked by TMC member Jawar Sircar, Rural Development Minister Giriraj Singh on December 06, 2023, informed Rajya Sabha that a total amount of Rs 13,965.91 crore was pending as Central share for two schemes—MG-NREGS and PMAY-G. The West Bengal government sources, however, say that the total dues of about Rs 18,000 crore are pending under three rural development schemes—MG-NRGES, PMAY-G, and PMGSY. In January this year, West Bengal's Rural Development Minister Pradip K Mazumdar had written a letter to the Union Rural Development Minister Shivraj Singh Chouhan, seeking an appointment for a meeting to urge the latter to release funds. TMC leader Abhishek Banerjee had led two delegations of party MPs to Krishi Bhawan, seeking the release of funds to the states. Recently, the Ministry of Rural Development had informed a parliamentary standing committee that the decision to release funds amounting to Rs 7,888.67 crore to West Bengal under Pradhan Mantri Awaas Yojana-Gramin (PMAY-G) during the current financial year (2024-25) is pending with 'competent authority'. With inputs from ENS, New Delhi
Scroll.in
6 hours ago
- Politics
- Scroll.in
Calcutta HC directs Centre to resume MNREGS in West Bengal after three-year halt
The Calcutta High Court on Wednesday directed the Union government to resume implementation of the Mahatma Gandhi National Rural Employment Guarantee Scheme, or MNREGS, in West Bengal from August 1, Live Law reported. The Union Rural Development Ministry suspended MGNREGS funding to West Bengal in March 2022, citing widespread irregularities and alleged violations of the scheme's implementation rules by the state government. West Bengal received Rs 7,507.8 crore in the financial year 2021-'22 under MGNREGS but has received no funds in the following three financial years, the Hindustan Times reported. On Wednesday, a division bench comprising Chief Justice TS Sivagnanam and Justice Chaitali Chatterjee (Das) was hearing a case on the non-payment of MGNREGS dues to daily wage labourers after the Union government's allegations. The bench said that the Union and state governments may impose special conditions to prevent irregularities that marred the scheme's implementation, but it must be restarted prospectively. The court said that it was not in dispute that certain irregularities have been pointed out by the Centre in the disbursement of wages under the MGNREGS, according to PTI. While the Centre retains authority to investigate alleged misappropriations, this does not justify an indefinite suspension of the program, added the bench. 'All these allegations are from before 2022, you do whatever you want, but implement the scheme,' it further said. MNREGS was introduced in 2005 by the Congress-led United Progressive Alliance and is aimed at enhancing the livelihood security of households in rural areas. The scheme guarantees 100 days of unskilled work annually for every rural household that wants it, covering all districts in the country.
Hindustan Times
7 hours ago
- Politics
- Hindustan Times
Continue probe but resume MNREGA scheme in Bengal, orders Calcutta high court
Kolkata: The Calcutta high court directed on Wednesday that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme must be resumed in West Bengal from August 1 but allowed the Centre to impose conditions and restrictions in the state in view of the allegations of financial irregularities in disbursement of central funds, lawyers who attended the hearing said. The order was passed by the division bench of chief justice TS Sivagnanam and justice Chaitali Chatterjee (Das) after a series of hearings on a petition the Paschim Banga Khet Mazdoor Samity, a farmers' body, filed last year against the Union government, challenging the non-payment of dues to daily wage labourers over allegations of embezzlement of funds. West Bengal received ₹7,507.80 crore in 2021-22 under MGNREGA but has not received any central fund since then. During the hearing, the chief justice said: 'All these allegations are from before 2022. You do whatever you want but implement the scheme.' According to lawyers, the chief justice said: 'The scheme does not envisage a situation where it would be put to cold storage for eternity. The central government has sufficient means to inquire into the irregularity in disbursement of wages. However, a line can be drawn between past actions and future steps to be taken for implementation.' Allowing the Centre to proceed with its enquiry, the court ordered that the scheme should be implemented in Bengal from August 1. The written order was not released by the high court till the filing of this report. Suspension of the Centre's share (60%) of MGNREGA funds has been a major political issue in Bengal since 2022 with the ruling Trinamool Congress regularly accusing the Bharatiya Janata Party of selectively depriving the poor in the state. TMC leaders and MPs have held demonstrations in Delhi as well. The Union ministry of rural development stopped the MGNREGA funds on December 24, 2021 without citing any reason, Amit Mitra, principal chief advisor to the chief minister, said in October 2023. Mitra said the Centre sent a letter to the state on March 9, 2022, saying the action was taken under Section 27 of MGNREGA. Section 27 says: '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.' In December 2023, chief minister Mamata Banerjee alleged that BJP-ruled Uttar Pradesh and Madhya Pradesh topped the list of states where fake job cards for the scheme had been cancelled. On January 30, 2024, Banerjee announced that she would continue with the scheme with the state's 40% contribution to the funds. 'If we cannot provide the guaranteed 100 days of work because of the Centre, we will provide 40 days of employment with our funds,' she said on that day. On February 2, 2024, the Enforcement Directorate (ED) carried out its first raids in Bengal to probe the alleged irregularities. The Trinamool Congress (TMC) called the raids 'politically motivated.' On February 3, 2024, Mamata Banerjee wrote a letter to Prime Minister Narendra Modi refuting a Comptroller and Auditor General (CAG) of India report on delay in submission of utilisation certificates for various central schemes. Calling it a 'false propaganda,' she said her government submitted all utilisation certificates to the respective Union ministries on time. In July 2024, Banerjee alleged that she was stopped from speaking at the Niti Ayog meeting when she tried to raise several issues including suspension of MGNREGA funds. After the high court passed its order on Wednesday, Banerjee said: 'The Centre sought 156 clarifications and we answered them all. We welcome the judgement but our government will review it because we will first ask for the arrears (central funds) pending over four years. Beneficiaries who had put in labour should be paid in full. When our MPs and MLAs went to Delhi to demand these funds, police cases were registered against them. Have you forgotten that?' The Bharatiya Janata Party (BJP) justified the suspension of funds saying the Centre is answerable to the people. Bengal BJP's chief spokesperson Samik Bhattacharya said: 'We, too, want the scheme to start. The high court has allowed the Centre to continue with the investigations and impose regulations because it is a fact that funds were embezzled. The Centre is answerable to taxpayers and the CAG.'
Mint
8 hours ago
- Politics
- Mint
Calcutta HC orders resumption of MGNREGA in Bengal from August 1 with special conditions
The Calcutta High Court on Wednesday ordered the Centre to resume the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme in West Bengal from August 1, 2025, after nearly three years of suspension. The division bench, led by Chief Justice TS Sivagnanam and Justice Chaitali Chatterjee (Das), allowed the Centre to impose special conditions, restrictions, and regulations—measures not applied in other states—to prevent any recurrence of irregularities during the scheme's rollout in West Bengal. The court acknowledged that the Centre had identified certain irregularities in the disbursement of wages under MGNREGA in the state. It noted that action had already been taken, recoveries made, and the funds secured in the state nodal agency's bank account. The bench emphasised that while investigations into past misconduct would continue, the primary focus now is on ensuring the scheme's effective and corruption-free implementation going forward. Chief Justice Sivagnanam remarked, 'At this juncture, the court is concerned about the implementation of the scheme in West Bengal prospectively.' He added, 'The scheme of the Act does not envisage a situation where the scheme would be put to cold storage for eternity.' The court further stated that the Centre holds sufficient powers to inquire into any irregularities or illegalities related to wage disbursement but stressed the importance of drawing a clear line between past actions and future execution. The bench concluded that the directive to restart MGNREGA in West Bengal is 'in public interest' and aligns with the purpose for which the central legislation was enacted. It also authorised the authorities overseeing the scheme to impose necessary safeguards to ensure that the irregularities which occurred three years ago do not recur. This ruling comes amid ongoing tensions between the West Bengal state government and the Centre, with accusations of fund withholding and corruption allegations having stalled the scheme's implementation since 2022. The High Court's order aims to restore the 100-day job guarantee programme, vital for rural employment and livelihood in the state.
Time of India
9 hours ago
- Business
- Time of India
Calcutta HC orders Centre to restart MGNREGA in West Bengal from August 1 after three-year halt
After nearly three years of inactivity, the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) will resume in West Bengal from 1 August 2025. The decision came after a directive from the Calcutta High Court on Wednesday, ending a funding freeze imposed by the Centre in March 2022 over allegations of widespread irregularities. A division bench headed by Chief Justice T S Sivagnanam and Justice Chaitali Chatterjee (Das) ruled that the scheme must be implemented prospectively. The court also permitted the central government to continue its ongoing enquiries into past misuse, while allowing special conditions to be imposed on West Bengal alone, if needed, to prevent recurrence. The Centre had cited financial irregularities in wage disbursement as the reason for halting funds. These included inconsistencies found in 31 out of 63 inspected MGNREGA worksites, according to replies under the Right to Information (RTI) Act. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Many Are Watching Tariffs - Few Are Watching What Nvidia Just Launched Seeking Alpha Read Now Undo 'It is not in dispute that certain irregularities have been pointed out by the Centre in the disbursement of wages under the MGNREGA scheme,' the court said. The bench confirmed that action had been taken in response to these findings. Recoveries were already underway, and the funds were now being held in a designated bank account managed by the state's nodal agency for MGNREGS. Live Events 'No one can allow a person who illegally took advantage of the scheme to go scot free,' the court observed. Yet, it underlined the need to draw 'a line between past actions and future steps to be taken to implement the scheme.' The judges made clear that indefinite suspension of the scheme was not permissible under law. 'The scheme of the Act does not envisage a situation where the scheme would be put to cold storage for eternity,' the bench said. The court clarified its focus was on prospective implementation. 'At this juncture, the court is concerned about the implementation of the scheme in West Bengal prospectively,' it noted. The order also reaffirmed the Centre's power to investigate financial irregularities and to impose 'special conditions, restrictions and regulations, which have not been imposed in other states of the country, so as to ensure that no illegality or irregularity occurs.' The Centre had stopped disbursing MGNREGA funds to West Bengal in March 2022. The last financial year in which the state received funds was 2021–22, during which it got ₹7,507.80 crore. In the three years that followed, it received nothing. This freeze came at a cost. A Standing Committee on Rural Development told the Lok Sabha in March that the funding suspension had 'severe consequences', including distress migration and disruption of essential rural infrastructure projects. Even though misappropriation under MGNREGA was reported from several states, data from the Union Ministry of Rural Development—reported by Hindustan Times—showed that none besides West Bengal faced such prolonged restrictions. MGNREGA is a demand-based law that guarantees 100 days of unskilled manual work every year to rural households that seek it. It is one of India's largest social welfare programmes. The Centre provides 90% of the funding. West Bengal alone has more than 34 million registered MGNREGA workers. The suspension left many of them without any wage-backed support, especially during the post-pandemic recovery years. Back in April, the Calcutta High Court had questioned the Centre's continued withholding of the scheme. It had asked why the programme had not been resumed in districts where no confirmed financial misappropriation had occurred, such as outside of Purba Bardhaman, Hooghly, Malda, and Darjeeling (GTA). While the court has now cleared the path for resumption, it also empowered authorities to impose stricter oversight measures. The goal is to ensure the issues that led to the suspension—misreporting, fake job cards, and duplicate beneficiaries—do not reappear. The ruling balances accountability with urgency. It recognises that while corruption must be addressed, millions of livelihoods also depend on the programme. For the people of Bengal's rural heartlands, 1 August may now bring not just a new month, but a long-overdue chance to work again.
