The National Rural Employment Guarantee (Extension to Jammu and Kashmir) Act, 2007
Administered Ministry: Ministry of Rural Development / Department of Rural Development
Act details
| Short title | The National Rural Employment Guarantee (Extension to Jammu and Kashmir) Act, 2007 |
|---|---|
| Long title | An Act to provide for the extension of the National Rural Employment Guarantee Act, 2005 to the State of Jammu and Kashmir. |
| Act number | 23 of 2007 |
| Act year | 2007 |
| Enactment date | 11 May 2007 |
| Ministry | Ministry of Rural Development / Department of Rural Development |
| Department | Department of Rural Development |
| Jurisdiction | Central (Parliament of India) |
| Sections | 3 |
| Status | Not repealed |
| Last checked on India Code | 29 Oct 2026 |
| Source | India Code, Government of India |
Summary
Summary of the National Rural Employment Guarantee (Extension to Jammu & Kashmir) Act, 2007
Key Provisions
1. Primary Objective: To extend the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA), to Jammu and Kashmir, ensuring rural employment guarantees, later extended to include the Union Territories of Jammu and Kashmir and Ladakh as of 30th October, 2019.
2. Territorial Extension: - Initial extension to the State of Jammu and Kashmir.
• Amendment (2019): Applies to the Union Territories of Jammu and Kashmir and Ladakh, ensuring uniform national employment guarantees.
3. Alignment with MGNREGA, 2005:
• Guarantees at least 100 days of wage employment per rural household annually.
• Provides for unemployment allowances if employment isn’t provided within the stipulated timeframe.
• Emphasizes transparency through social audits and project management accountability.
4. Legal and Administrative Framework: - References to laws not in force in the extended territories are construed to corresponding local laws, ensuring seamless integration.
• Utilizes the existing administrative structure of MGNREGA for implementation.
Legislative history
Legislative History:
The National Rural Employment Guarantee (Extension to Jammu and Kashmir) Act, 2007
Short Title The National Rural Employment Guarantee (Extension to Jammu and Kashmir) Act, 2007
Act Number / Year Act No. 23 of 2007
Act ID (India Code) 200723
Presidential Assent Date May 11, 2007
Enforcement Date June 6, 2007
Nodal Ministry Ministry of Rural Development
Precedent & Statutory Rationale
1. Exclusion under the Original 2005 Enactment:
o When the landmark National Rural Employment Guarantee Act, 2005 (Act No. 42 of 2005) was enacted to legally guarantee rural employment across India, Section 1(2) explicitly excluded the State of Jammu and Kashmir due to the distinct constitutional application framework prevalent at that time.
2. Extending Livelihood Security and Welfare Benefits:
o To bridge this regional gap and ensure that rural households in Jammu and Kashmir could benefit from the legal right to guaranteed wage employment (unskilled manual work for at least 100 days per financial year), parliamentary intervention was necessary to extend the central legislation.
Parliamentary Trajectory & Enactment
• Formulation: Prepared and piloted by the Ministry of Rural Development to integrate the erstwhile State of Jammu and Kashmir into the national employment guarantee framework.
• Parliamentary Passage: Tabled, debated, and passed by both Houses of Parliament during the Budget/Spring Session of 2007.
• Presidential Assent: Received formal Presidential Assent on May 11, 2007, entering the statute book as Act No. 23 of 2007.
• Enforcement: Enforced on June 6, 2007.
• Source: India Code and Ministry of Rural Development Official Records