Wages Of Delay
A government that believes that the NREGA played a key
role in its re-election
in 2009 cannot afford to ignore the delays in
payments.
REETIKA KHERA
Frontline
Volume 27 - Issue 10 :: May. 08-21, 2010
WHEN the National Rural Employment Guarantee Act (NREGA) was
enacted in 2005, it was celebrated as a “people’s
Act”. It was an Act that focussed on labourers’
rights – to employment, minimum wages and timely
payments. Besides, the involvement of people’s groups
in its drafting and the transparency provisions in it earned
the NREGA this tag.
For over a year now, serious delays in the payment of NREGA
wages have been recorded across the country. Apart from
violating the law (the Act stipulates that wages be paid
within 15 days of work being done), delays cause great
hardship to NREGA labourers. When wages are delayed, they are
forced to resort to lower-paid or exploitative employment,
and even distress migration. The delays have diminished the
interest of labourers in employment provided under the Act.
For instance, in May 2009, labourers in Khunti (Jharkhand)
who had not been paid for up to six months insisted on
earlier dues being cleared before taking up more work under
the NREGA. More recently, in February in Banswara (south
Rajasthan), I noticed that the highway to Gujarat was dotted
with migrant labourers. One of them was Amro Jitra Garasiya
(Satra Khuta panchayat), who had not been paid for
afforestation work done 12 months ago! Now, he said, he was
not sure if he would be paid at all. He did not want to
“risk” taking on work under the NREGA any more.
Such complaints – lack of work, delays in payments and
labourers losing interest in the scheme – have been
pouring in from several States, including Chhattisgarh,
Gujarat, Jharkhand, Madhya Pradesh, Rajasthan, Uttar Pradesh
and West Bengal. This note is based on field visits to these
States.
Are banks and post offices to blame?
This family, from Kushalgarh in Rajasthan, preferred
migrating with a four-month-old baby in search of work to
seeking employment under the NREGA.
What has caused these delays? In 2008, the Centre directed
that all NREGA wages be paid through banks and post offices.
This move was motivated by the need to separate the
implementing agency from the payment agency. This separation,
it was hoped, would end the embezzlement of NREGA funds. Now
the administration is quick to blame banks and post offices
for the delays. Government officials often claim that they do
their work in a timely manner but the banks and post offices
are unable to cope with the volume of payments.
It is true that the processing of payments through accounts
created a “jam” as banks and post offices were
overburdened with the opening of thousands of accounts in
each branch. In the case of banks, that initial hurdle seems
to have been largely overcome, though the opening of accounts
remains incomplete. Where the account opening process is
complete and banks are computerised, they are able to cope
with NREGA payments with reasonable efficiency. Generally,
banks do not take more than two or three days to credit wages
into the accounts of labourers after they receive the cheque
from the administration.
The case of post offices is different. Take, for instance,
Surguja district (Chhattisgarh), where the administration
relies on post offices because there are hardly any rural
banks. In one block, the post office had only one employee
who was responsible for opening and operating thousands of
NREGA accounts. All the work is done manually as there are no
computers. In addition, the post master complained that the
formalities of opening accounts remained incomplete because
he did not have enough passbooks. (The supply of passbooks in
the district was delayed for months.) Similar problems have
been reported wherever NREGA payments are made through post
offices, in States like Rajasthan and Jharkhand.
Sources of delays
In Banswara in south Rajasthan, the highway to Gujarat is
often dotted with labourers migrating to Gujarat in search of
work. With the long delays in payment, staying back to work
under the NREGA is no longer an attractive option.
There are several steps in the wage payment process. Once
work is complete, muster rolls (MRs) have to be submitted to
the implementing agency. The next step is the measurement of
work, since most States pay wages on the basis of work done,
not on attendance alone (“daily wage”). After
this, payment orders (POs) listing the labourers and the
wages due to them are prepared. These payments have to be
sanctioned by the officials concerned (the block development
officer, sarpanch, junior engineer, and so on). Then, the
cheques and payment orders are sent to the bank or post
office so that wages can be credited into the accounts of
individual labourers. Delays creep in at some, or all, of
these steps.
On tracking the payment process, one finds that there are
several other sources of delays. Often the delay occurs
before the cheques reach the bank/post office. After the POs
have been generated, getting the signatures of the
sanctioning authority takes time. An important reason for
this foot-dragging is that the separation of the payment and
implementing agencies has made embezzling NREGA wages very
difficult. Even if the implementing agency inflates
measurements and attendance on MRs, they can no longer
embezzle that money as it goes directly into the accounts of
the labourers. In order to cheat, they would either have to
collude with the labourers or illegally operate their bank
accounts or forcibly extract wages from labourers after they
withdraw the money. This “loss” seems to have
affected the motivation of the officials concerned. This is
an indirect way in which payments through accounts are
delayed.
In the present system, where payments are made on the basis
of measurements rather than attendance alone, the junior
engineer (J.E.) exercises a lot of power. Attendance has to
be reconciled with measurement before payments are processed.
Though the law requires it, in many States MRs are not
maintained at the worksite. Notable exceptions are Andhra
Pradesh, Rajasthan and Tamil Nadu. In other States, the
practice that has evolved is to maintain “kachha”
attendance and measurement records, which are faired out
later on official MRs, after the J.E. approves informal
measurements maintained by worksite supervisors.
However, delays have also emerged in Rajasthan where strict
enforcement of transparency measures have had a noticeable
impact on reducing corruption, at least in labour
expenditure. If the loss of opportunities for embezzling
wages were the only cause of delays, bank payments would not
have affected Rajasthan. Here, it seems that apart from post
offices causing delays, there is the issue of the scale of
employment. During the peak season, up to 2,000 workers are
known to report for work. When all workers show up for
payments at the bank or post office, even computerised banks
find it hard to cope with the crowds.
“Flow of funds” is another important source of
delay. This is especially true in States such as Bihar,
Jharkhand and Karnataka. It is not clear whether this is
owing to poor planning by the district administration (for
instance, delaying demand for funds, low standards of
record-keeping) and/or owing to Centre-State politics whereby
funds are withheld or delayed by the Centre (for instance,
incomplete reports being submitted by the State, frequent
changes in the norms for release of funds). Recently, in
Bihar, I was told that funds were transferred just before the
close of the financial year. This shows up a large opening
balance and becomes an excuse for holding up further release.
Record-keeping requirements of the NREGA also put a strain on
the system. After the MRs, the POs have to be generated. Many
States do not use a printed format for the POs. NREGA staff,
often already overstretched and untrained, prepare these formats
manually (in the process wasting some of their time in drawing
rows and columns) each week. This slows down things and leads to
errors. Ideally, this process should be computerised. At the
very least, printed formats should be provided.
Finally, it is worth mentioning that distance, though an
inconvenience, has rarely been cited as a source of delay.
Therefore, the Rural Development Ministry’s
technological solution of a “business correspondent
model” (whereby an intermediary will withdraw wages
from the bank or post office and deliver wages at the
doorstep of labourers) cannot go very far in dealing with
delays. The use of the biometrics machine (used in post
offices in Andhra Pradesh) can help in cases where the volume
is very high. However, wherever this model is introduced,
adequate safeguards must be put in place to ensure that
business correspondents do not demand an “informal
fee” from labourers in exchange for the service they
provide.
What can be done?
No significant delays have been reported in Andhra Pradesh and
Tamil Nadu though the scale of NREGA employment is substantial
in these States. In Andhra Pradesh, the computerisation of the
payment process has helped to ensure timely payments. One reason
for timely payments being made in Tamil Nadu is that it
continues to pay wages in cash in spite of the Central
government’s order that payments be made through accounts.
The State has done this as it was felt that the transition to
payments through accounts would cause labourers a lot of
inconvenience.
What other lessons can we learn from these States?
Both States have streamlined the process of wage payments by
putting in place a weekly schedule. There is a deadline for
each step in the payment process (submission of MRs,
measurement, sanctioning of payments, disbursal of wages).
This weekly schedule is accompanied with intensive
monitoring; for instance, MIS (management information system)
tracking of the steps in the process that have been delayed
and setting up alerts to deal with them. Apart from this,
both States have appointed additional staff, especially
technical staff, to ensure timely measurement of NREGA work.
Each person involved in the payment process seems to be aware
of the schedule and faces pressure to meet deadlines.
In Dindigul district (Tamil Nadu), the data entry operator in
Shanarpatti block told me that if the NREGA website (
www.nrega.nic.in) reports any delays in wage payments for
Tamil Nadu, it had to be on account of a data entry error.
“In all of Tamil Nadu, wages are paid on
Tuesdays,” he declared confidently. This suggests the
need for a transparent system to track the payment process
and to fix responsibility for delays at each step.
Going beyond Andhra Pradesh and Tamil Nadu, it is essential
to go back to the basics, including the maintenance of MRs at
the worksite and regular updating of job cards, so that
labourers have official evidence of the dates on which work
was done. The present “dual record-keeping”
system (whereby “kachha” records are faired out
only after measurements are passed by the J.E.) makes it
vulnerable to delays and corruption.
Strict measures must be taken to ensure greater accountability
of the implementing bodies towards labourers. There are
provisions in the NREGA that can be activated. For instance, the
penalty clause (Section 25) that allows for a fine of up to
Rs.1,000 when any officer fails to do his/her duty should apply
automatically in cases of delays exceeding 15 days. That would
go a long way in ensuring accountability.
In places where payments are being held up owing to delays in
measurement by the J.E., States could consider paying
labourers on a daily wage basis, at least as a short-term
measure until adequate staff is appointed. Further, Schedule
II of the NREGA mandates that labourers be compensated for
delays in accordance with the provisions of the Payment of
Wages Act, 1936. As far as we are aware, this has been used
only once when 265 workers were paid Rs.2,000 as compensation
in Khunti district, Jharkhand, in May 2009. (There is some
evidence that there has been some improvement in Khunti where
wages are now paid within one month.)
Other long-term measures would include upgrading post
offices, increasing staff in rural post offices, and
providing stationery and computerised facilities so that they
are better equipped to deal with the workload.
For a government that believes that the NREGA played an
important role in its re-election in 2009, such delays cannot
be ignored. Indeed, when Prime Minister Manmohan Singh and
United Progressive Alliance chairperson Sonia Gandhi spoke at
this year’s NREGA Sammelan on February 2, they noted
that delays in payments presented one of the most serious
challenges in the implementation of the NREGA.
The Ministry of Rural Development should focus on the
electoral promises made in the Congress manifesto where it
“pledges at least 100 days of work at a real wage of
Rs.100 a day for everyone as an entitlement under the
NREGA”. These two promises assume greater importance
for labourers in a year of drought and spiralling food
inflation. To the extent that the Congress is interested in
cashing in on votes coming through the NREGA, this is where
its efforts should be directed. The Ministry, however, seems
to believe that measures such as prefixing “Mahatma
Gandhi” to the name of the Act and constructing
“Bharat Nirman Rajiv Gandhi Sewa Kendras” under
the NREGA will consolidate its vote-catching potential.
The disconnect in the Ministry’s understanding
regarding the priorities under the NREGA and that of the
labourers is likely to boomerang against the government.
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