Cal HC asks Centre whether MGNREGA scheme can be prospectively implemented in Bengal

Kolkata, Apr 10 (PTI) The Calcutta High Court on Thursday directed the central government to explain why the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme should not be prospectively implemented in West Bengal, excluding four districts.
    While hearing petitions demanding that beneficiaries be paid for work already completed under the scheme, the court observed that the National Rural Employment Guarantee (NREG) Act does not allow for indefinite suspension of the scheme’s implementation due to complaints.
    It emphasised that appropriate remedial measures must be undertaken within a reasonable timeframe.
    A division bench headed by Chief Justice TS Sivagnanam directed the central government to clarify why the scheme should not be resumed across West Bengal — excluding Purba Bardhaman, Hooghly, Malda, and the Darjeeling (GTA) areas —, where allegations of fund misappropriation have surfaced.
    The bench stated that the central government may impose "adequate checks and balances by passing appropriate instructions specifically to hold good for West Bengal."
    The bench, also comprising Justice Chaitali Chatterjee (Das), said this approach should be explored further, particularly how the central government could regulate direct payments to the ultimate beneficiaries.
    The court added that the state government’s contribution, as per the apportionment under the NREGA, should also flow into the exchequer.
    Directing the central government to submit a report addressing these issues within three weeks, the court scheduled the next hearing for May 15.
    Representing the Centre, Additional Solicitor General (ASG) Asok Kumar Chakrabarti argued that allegations of misappropriation were not limited to the four districts alone, but extended to other districts as well.
    The court responded that if central teams found irregularities in other districts regarding MGNREGA fund usage, those findings should also be presented.
    According to a written note submitted by the ASG, the release of MGNREGA funds to West Bengal has been halted since March 9, 2022.
    In the report to the court, the ASG claimed there were irregularities in utilisation of released funds.
    Additionally, the court directed the West Bengal government to respond to an earlier order asking why a directive should not be issued to it for unemployment allowance since employment has not been provided under the scheme for the past two years.
    The court took note of a compliance affidavit submitted by the Centre, which stated that a four-member team had conducted verification in the four districts mentioned earlier.
    Senior advocate Bikash Ranjan Bhattacharya, representing the petitioners—beneficiaries of the MGNREGA scheme—argued that people who had worked under the scheme were entitled to receive their due wages.
    Appearing for the state government, senior counsel Kalyan Banerjee submitted that West Bengal has not received any funds from the Centre under the 100-day job guarantee scheme for three years.

(This story has not been edited by THE WEEK and is auto-generated from PTI)