The SR Abhiyan welcomes and strongly appreciates the personal intervention of Chaiperson, NAC, Mrs.

Sonia Gandhi in the ongoing workers’ agitation to secure the fundamental right to minimum wage under
MGNREGA of 52 crore families. Mrs Gandhi has written to the Prime Minister communicating the
consensus reached in the NAC meeting on October 23, that workers should be paid minimum wages as
notified under Minimum Wages Act 1948 and calling his attention to find urgent resolution of the matter.

As a first step to ameliorate the crisis, the letter suggests, “An immediate solution could be reversion to
section 6(2) of the Mahatma Gandhi NREGA. This was discussed in the NAC meeting of October 23rd 2010
and is being suggested by the Chief Ministers. It is line with the emergency and final recommendation of the
Central Employment Guarantee Council’s Working Group on Wages.

The High Court of the Andhra Pradesh has also stated in its order of July 2009 that: “by suspending the
operation of the impugned notification, sub-section (2) of Section 6 of the Rural Employment Guarantee Act,
would spring automatically into operation, treating as if the impugned notification has not been made by the
Central Government under sub-section (1) of Section 6”.

Earlier this month, the Chief Ministers of Andhra Pradesh and Rajasthan wrote to the Prime Minister
requesting the Central Government to reconcile NREGA notified wage rates with the Minimum Wages Act.
Both State Governments have sent similar letters previously to the MoRD. The opening paragraph of the AP
CMs letter to the Prime Minister sent on 4th November highlights both the seriousness and urgency of the
matter:

“I write this letter requesting compliance to the orders of the Honourable High Court of AP in W.P. No.
11848/2009 which suspended the operation of Section 6(1) of the Mahatma Gandhi National Rural
Guarantee Act which proposed to fix a different (and lesser) wage rate for works under MGNREGA
compared to the Minimum Wages Act. The order of the High Court was that Government being the agency
for implementing minimum wages, cannot itself violate the minimum wages.”

There is too legal unanimity on the urgent need to ensure that minimum wage is paid for NREGA work with
the government’s own legal advisors, including the solicitor general’s office and 15 of the country’s most
eminent jurists and advocates supporting the stand.

All attention now shifts to the Prime Ministers office. Given the urgency and legal untenability of the current
situation, we request the Prime Minister to immediately revert to section 6 (2) as an interim arrangement
while a more permanent solution is being worked out between the state and Central government.

Nikhil Dey