HC seeks Centre, state affidavits on MGNREGA scheme
Times of India | 8 October 2024
Kolkata: Calcutta High Court on Monday directed both Centre and the state to file affidavits on the stand-off over the MGNREGA scheme in Bengal for the last two years.
A division bench of Chief Justice T S Sivagnanam and Justice Bivas Pattanayak directed the counsel for Centre to submit an affidavit clarifying its stance on the over 20 action taken reports (ATRs) claimed to have been submitted by the state on the findings of central visiting teams.
The HC told the state advocate general to file an affidavit stating why directions to start unemployment allowance to workers should not be issued. The court also recorded that the state nodal officer (the finance secretary) was yet to submit a report on the status of the scheme in Bengal despite a division bench order on Sept 26.
The CJ pulled up the Centre’s counsel for inaction on the ATRs. “Centre had stopped funds way back in 2022 due to non-compliance... The state claims to have submitted more than 20 ATRs since then. Why are you sitting upon them? Why aren’t you coming up with your response whether the ATRs are satisfactory, partly satisfactory or unsatisfactory?” he said.
Advocate general Kishore Datta submitted that the scheme was essentially central govt-sponsored and cited sections of MGNREGA to plead that Centre had the major responsibility of funding it. The AG said Centre had stopped funds to Bengal on March 9, 2022.
The CJ, while taking note of the argument, pointed to Section 22(2) of MGNREGA that talks about unemployment allowance. “If you can’t create jobs under the scheme because of stoppage of central funds, it means there is unemployment. In that case under the act, it is the obligation of the state to pay unemployment allowance to the enrolled persons. This has nothing to do with the stoppage of central funds,” the CJ said.