25. Penalty for non-compliance.-Whoever contravenes the provisions of this Act shall on conviction
be liable to a fine which may extend to one thousand rupees.
26. Power to delegate.-(1) The Central Government may, by notification, direct that the powers
exercisable by it (excluding the power to make rules) may, in such circumstances and subject to such
conditions and limitations, be exercisable also by the State Government or such officer subordinate
to the Central Government or the State Government as it may specify in such notification. (2) The
State Government may, by notification, direct that the powers exercisable by it (excluding the power
to make rules and Schemes) may, in such circumstances and subject to such conditions and
limitations, be exercisable also by such officer subordinate to it as it may specify in such notification.
27. Power of Central Government to give directions.-(1) The Central Government may give such
directions as it may consider necessary to the State Government for the effective implementation of
the provisions of this Act. (2) Without prejudice to the provisions of sub-section (1), the Central
Government may, on receipt of any complaint regarding the issue or improper utilisation of funds
granted under this Act in respect of any Scheme if prima facie satisfied that there is a case, cause an
investigation into the complaint made by any agency designated by it and if necessary, order
stoppage of release of funds to the Scheme and institute appropriate remedial measures for its
proper implementation within a reasonable period of time.
28. Act to have overriding effect.-The provisions of this Act or the Schemes made thereunder shall
have effect notwithstanding anything inconsistent therewith contained in any other law for the time
being in force or in any instrument having effect by virtue of such law: Provided that where a State
enactment exists or is enacted to provide employment guarantee for unskilled manual work to rural
households consistent with the provisions of this Act under which the entitlement of the households
is not less than and the conditions of employment are not inferior to what is guaranteed under this
Act, the State Government shall have the option of implementing its own enactment: Provided
further that in such cases the financial assistance shall be paid to the concerned State Government
in such manner as shall be determined by the Central Government, which shall not exceed what the
State would have been entitled to receive under this Act had a Scheme made under this Act had to
be implemented.
29. Power to amend Schedules.-(1) If the Central Government is satisfied that it is necessary or
expedient so to do, it may, by notification, amend Schedule I or Schedule II and thereupon Schedule
I or Schedule II, as the case may be, shall be deemed to have been amended accordingly. (2) A copy
of every notification made under sub-section (1) shall be laid before each House of Parliament as
soon as may be after it is made
30. Protection of action taken in good faith.-No suit, prosecution or other legal proceedings shall lie
against the District Programme Coordinator, Programme Officer or any other person who is, or who
is deemed to be, a public servant within the meaning of section 21 of the Indian Penal Code (45 of
1860) in respect of anything which is in good faith done or intended to be done under this Act or the
rules or Schemes made thereunder
31. Power of Central Government to make rules.-(1) The Central Government may, by notification,
and subject to the condition of previous publication, make rules to carry out the provisions of this
Act. (2) In particular, and without the prejudice of the foregoing power, such rules may provide for
all or any of the following matters, namely:- (a) the number of representatives of the State
Governments under clause (e) of sub-section (3) of section 10; (b) the terms and conditions subject
to which the Chairman and other members of the Central Council may be appointed, and the time,
place and procedure of the meetings (including the quorum at such meetings) of the Central Council,
under sub-section (4) of section 10; (c) the manner in which and the conditions and limitations
subject to which the National Fund shall be utilised under sub-section (3) of section 20; (d) the rules
relating to funding pattern to meet the cost of certain items under sub-section (1) of section 22; (e)
any other matter which is to be, or may be, prescribed or in respect of which provision is to be made
by the Central Government by rules.
32. Power of State Government to make rules.-(1) The State Government may, by notification, and
subject to the condition of previous publication, and consistent with this Act and the rules made by
the Central Government, make rules to carry out the provisions of this Act. (2) In particular, and
without prejudice to the generality of the foregoing power, such rules may provide for all or any of
the following matters, namely:- (a) the terms and conditions upon which eligibility for
unemployment allowance may be determined under sub-section (2) of section 7; (b) the procedure
for payment of unemployment allowance under sub-section (6) of section 7; (c) the terms and
conditions subject to which the Chairperson and members of the State Council may be appointed,
and the time, place and procedure of the meetings (including the quorum at such meetings) of their
appointment to the State Council, under sub-section (2) of section 12; (d) the grievance redressal
mechanism at the Block level and the District level and the procedure to be followed in such matter
under section 19; (e) the manner in which and the conditions and limitations subject to which the
State Fund shall be utilised under sub-section (2) of section 21; (f) the authority who may administer
and the manner in which he may hold the State Fund under sub-section (3) of section 21; (g) the
manner of maintaining books of account of employment of labourers and the expenditure under
sub-section (2) of section 23; (h) the arrangements required for proper execution of Schemes under
sub-section (3) of section 23; (i) the form and manner in which the accounts of the Scheme shall be
maintained under sub-section (2) of section 24; (j) any other matter which is to be, or may be,
prescribed or in respect of which provision is to be made by the State Government by rules.
33. Laying of rules and Schemes.-(1) Every rule made by the Central Government under this Act shall
be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses
agree that the rule should not be made, the rule shall have thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule. (2)
Every rule or Scheme made by the State Government under this Act shall, as soon as may be after it
is made, be laid before each House of the State Legislature where there are two Houses, and where
there is one House of the State Legislature, before that House.
34. Power to remove difficulties.-(1) If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order published in the Official Gazette, make such provisions,
not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for
removing the difficulty: Provided that no order shall be made under this section after the expiry of
three years from the commencement of this Act. (2) Every order made under this section shall be
laid, as soon as may be after it is made, before each House of Parliament.