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Act 046 of 2009 : National Rural Employment Guarantee (Amendment) Act, 2009

Preamble

National Rural Employment Guarantee (Amendment) Act, 20091

[Act 46 of 2009, Repealed by Act 23 of 2016*][December 31, 2009]

An Act to amend the National Rural Employment Guarantee Act, 2005

Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows :-

1 Received the assent of the President on 31-12-2009 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 31-12-2009, pp. 1-2, No. 53.

* Ed.: Act 46 of 2009 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016:

"4. Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

SOR Statement of Objects and Reasons

Prefatory Note-Statement of Objects and Reasons.-The National Rural Employment Guarantee Act, 2005 provides for enhancement of livelihood security of the households in rural areas of the country by providing at least one hundred days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work. The Act has been notified in all the rural areas of the country. By providing employment to those who seek it, this Act has emerged as one of the largest social safety net providing employment to 4.51 crore rural hoseholds in 2008-09 and providing employment to more than 3 crore households in the current financial year.

2. The Act has thus opened up opportunities to the rural households to obtain local employment, enhance their wage earning and through their labour to create rural assets which contribute to development of the rural economy. The association of the name of Mahatma Gandhi with National Rural Employment Guarantee Act, 2005 will reinforce the Act's thrust towards equity and inclusiveness, specially of the deprived groups and socio-economically marginalised communities. The provisions of the Act of public accountability, through social audit and Right to Information will get central focus with the association of Mahatma Gandhi's name, reflecting his ideals of the sovereignty of the public in a democracy. The Act is premised on rural households volunteering to do unskilled manual labour and the association of Mahatma Gandhi's name with it underscores the dignity of labour. It is, therefore, considered befitting that the said Act bears the name of the Father of the Nation "Mahatma Gandhi" as it is a concrete expression of his development vision. Accordingly, the title of the said Act is proposed to be amended as the Mahatma Gandhi National Rural Employment Guarantee Act.

3. The Bill seeks to achieve the above objective.

Section 1. Short title and commencement

1. Short title and commencement.-(1) This Act may be called the National Rural Employment Guarantee (Amendment) Act, 2009.

(2) It shall be deemed to have come into force on the 2nd day of October, 2009.

Section 2. Amendment of Section 1

2. Amendment of Section 1.-In the National Rural Employment Guarantee Act, 2005 (42 of 2005), in sub-section (1) of Section 1, for the words "the National Rural Employment Guarantee Act", the words "the Mahatma Gandhi National Rural Employment Guarantee Act" shall be substituted.