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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
United News of India
an hour ago
- Politics
- United News of India
Calcutta HC orders resumption of MGNREGA in West Bengal from Aug 1
Kolkata, June 18 (UNI) In a major boost to the West Bengal government, the Calcutta High Court on Wednesday directed the Central government to resume the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme in West Bengal from August 1. The court emphasised that while the Centre is within its rights to impose safeguards or conditions to prevent corruption, it cannot indefinitely halt a public welfare scheme that serves millions. A division bench comprising Chief Justice TS Sivagnanam and Justice Chaitali Chattopadhyay delivered the order, stressing that the suspension of the 100-day rural job scheme — ongoing for three years — was unjustified despite allegations of financial irregularities. The Central government which funds the scheme entirely had suspended MGNREGA funding to West Bengal in March 2022, citing large-scale misappropriation. The court observed that the grievances of genuine workers cannot be ignored on account of administrative or political concerns marking a major development in the long-standing deadlock over the rural employment programme. Additional Solicitor General Ashok Kumar Chakraborty, representing the Centre, said that Central investigation teams uncovered irregularities in districts like Hooghly, East Bardhaman, Malda, and Darjeeling, involving embezzlement of over Rs 50 crore. A broader audit revealed anomalies amounting to Rs 613 crores, of which Rs 2.1 crores had been recovered by the state as of 2024. 'All the allegations are from before 2022. You are free to take any action regarding those. But the project must be started now,' Chief Justice Sivagnanam observed in response during the hearing. The court further clarified that MGNREGA, as legislated, does not allow for its indefinite suspension even in the face of corruption charges, and that any such action violates the spirit of the Act. The court was hearing a public interest litigation filed by the Paschim Banga Khet Majur Samiti, during which it observed that poor rural labourers should not be made to suffer wage losses and livelihood disruptions due to systemic failures. The bench further suggested that the scheme could be resumed in districts not affected by the alleged irregularities, while investigations continue in the four districts under scrutiny. West Bengal received Rs 7,507.80 crore under MGNREGA in the 2021-22 financial year. However, since then, no funds have been disbursed. The Centre had justified its actions by citing inconsistencies found in 31 out of 63 inspected worksites, according to RTI replies. In earlier observations also, the High Court had noted that the Centre's decision to withhold MGNREGA funds to West Bengal was unprecedented. While several other states had also reported financial irregularities under the scheme, none had faced complete suspension of funds over multiple years. The move, it said, had led to distress migration, financial instability, and stalling of rural development projects in Bengal. In a separate case, leader of the Opposition Suvendu Adhikari also sought a CBI investigation into alleged embezzlement of MGNREGA funds in the state. UNI XC PRS
India Today
2 hours ago
- Politics
- India Today
High Court orders Centre to resume MGNREGA in West Bengal from August 1
The Calcutta High Court has ordered the Central Government to resume implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in West Bengal from August project had been stalled for nearly three years in the state, as allegations of corruption led to a political blame game between the Trinamool Congress (TMC) and the Bharatiya Janata Party (BJP).advertisementA division bench comprising Chief Justice T S Sivagnanam and Justice Chaitali Chatterjee Das has now ordered the implementation of the scheme. The bench noted that neither the Centre nor the State had taken any action against those involved in the alleged corruption, which had delayed the scheme's implementation in Bengal."The Centre has sufficient power. The Centre will start this scheme not only in four districts but across the entire state from August 1. The Centre may impose any conditions or restrictions it deems necessary, so that the corruption which occurred previously is not repeated," the court High Court's order followed a Public Interest Litigation (PIL) that claimed the poor were being denied their legitimate entitlement under the Act, which guarantees 100 days of employment per year to rural households. BJP leader Suvendu Adhikari had also filed a case in this regard, which was subsequently merged with the to the order, Trinamool leader Kunal Ghosh said, "The state government will respond to this development in detail... But we want to say that today's order vindicated our stance and our fight for the central funds. The central government was blocking Bengal's funds illegally and in a discriminatory manner.""Such discrimination should not happen in the country. They pointed fingers at Bengal, but the Gujarat minister's son was involved in the MGNREGA scam, and fake job cards were found in Uttar Pradesh..." Ghosh Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was enacted in 2005 and came into force on February 2, 2006, initially covering 200 districts. It was later expanded to include all rural districts across scheme guarantees 100 days of wage employment per year to rural households, aiming to enhance livelihood security, reduce poverty, and create durable rural assets, while promoting inclusive development through unskilled manual work on public Watch
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.
Indian Express
7 hours ago
- Politics
- Indian Express
Resume MGNREGA in West Bengal: Calcutta HC to Centre
The Calcutta High Court on Wednesday ordered that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which has been stalled in the state for three years following allegations of corruption, be restarted from August 1. During the hearing, Chief Justice T S Sivagnanam observed, 'No central project can be sent to the cold storage forever. The Centre can impose any kind of conditions to prevent corruption.' The state government has alleged that the Centre withheld wages for the scheme, while the central government claims there was widespread corruption in its rollout in Bengal. The Bench ordered that the Centre can impose special conditions only for West Bengal. The court further observed, 'If the Centre 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 districts of the state.' The matter will be heard again after August 15. Alleging that wages had not been paid since December 2021, the West Bengal Agricultural Workers' Association had petitioned the High Court, requesting that outstanding dues be settled. Opposition leader Suvendu Adhikari of the BJP had then filed a case alleging embezzlement in the project. He also requested the court to order a CBI investigation. In March 2022, the Centre announced that it would cease funding by exercising its powers under Section 27 of the MGNREGA Act. In June 2023, the central government's lawyer said that the decision to stop the project was taken after examining the action taken report provided by the state.
