Bihar State Migrant Labour Accident Grants Scheme Rules, 2008

Bihar State Migrant Labour Accident Grants Scheme Rules, 2008
- 1. Short title, extent & commencement.
- 2. Definitions.
- 3.
- 4.
- 5.
- 6.
- 7.
- 8.
- 9.
- 10.
- 11.
- 12.
- 13.
- 14.
- 15.

Last Updated 21st August, 2020 [bh779]

[Dated 19.03.08]

Whereas the State Govt. is satisfied that it is necessary to provide grant to the dependents of the domicile migrant labourers of the State in the event of their death. To achieve the said object, it is necessary to enact Bihar State Migrant Labour Accident Grants Scheme Rules 2008.

Now, therefore, in exercise of the powers conferred by Article 39 (a) of the Constitution of India. the State Government of Bihar hereby makes The Bihar State Migrant Labour Accident Grants Scheme Rules, 2008 as follows: -

1. Short title, extent & commencement. - These rules may be called the Bihar State Migrant Labour Accident Grants Scheme Rules, 2008

(2) It will extend to the whole of the State of Bihar.

(3) It will come into force from 1st April, 2008.

2. Definitions. - (1)In these rules unless the context otherwise requires, -

(a) "Accident" means death due to accident caused by external violence which is apparent in nature and shall include: -

Train or road accident, electric shock, snake-bite, drowning, fire, falling from tree or building, attack by wild animals, terrorist or criminal attack etc. However, this list is illustrative and not exhaustive.

Provided that, it shall not include death caused by self inflicted injury or suicide or accident caused under inebriated condition or death caused while committing criminal offences. [This scheme shall also apply in case of death caused by atomic radiation, war and epidemic, provided that in case of epidemic, the concerned Government shall issue notification in this regard.]

(b) "Block Development Officer" means Development Officer of the Blocks appointed by the State Govt.

(d) "District Magistrate" means District Magistrate and collector appointed by the State Govt.

(e) "Dependent" means widow of deceased labourer and husband in case of female labourer, dependent son, unmarried daughter and parents, in case of deceased unmarried labourer, father and mother jointly.

Note. - The grant shall be distributed among all dependents in equal proportion.

(f) "Labour Commissioner" means the Labour Commissioner appointed by the State Govt.

(g) "Labour Superintendent" means Labour Superintendent appointed by the State Govt.

(h) "Migrant Labourer" means labourer working in unorganized sector in other States.

(i) "Rule" means Bihar State Migrant Labour Accident Grants Scheme Rules, 2008.

(2) Words and expressions used herein but not defined in these rules shall have the same meaning as widely understood in the State of Bihar.

3. Circle Officer shall decide legal dependent(s) in the above order of the descendants.

4. This scheme will apply to such migrant labourers who are domicile, of State of Bihar and falling in the age group of l8 to 65 year.

5. In case of death of a migrant labourer, a grant of Rs.1 (One) lakh by way of crossed cheque/ demand draft shall be paid to the decided dependent (s). If there is any dispute against the dependent (s) as decided by the Circle Other an appeal shall lie before to the District Magistrate whose decision shall be final.

6. (a) Information regarding an accident shall be given in Form-1 to the Block Development Officer/ Labour Superintendent / District Magistrate/ Panchayat / Urban bodies. In case of non- availability of Form, information shall be given on plain paper. These forms shall be kept in sufficient numbers at all district offices/ Sub- divisional offices/ Block offices and offices of Panchayat/ urban bodies.

(b) It shall be expected from the dependent (s) of the deceased migrant labour that he will inform the authority lamed above about the accident as soon as possible.

7. Claim to receive the grant shall be filed in Form-2 in the offices of B.D.O/ Labour Superintendent/ D.M. The labour superintendent/ D.M. shall immediately after receipt of the claim, send it to the concerned Block development officer for enquiry and report.

8. (a) The Block Development officer immediately after receipt of a claim shall proceed to enquire into it.

(b) While making the enquiry, the Block Development Officer shall ascertain the facts about the employment of migrant labour, cause of death, his age and legal dependent (s) and veracity of the claim.

(c) The enquiry shall be completed within 14 days of the receipt of such claims and such enquiry reports shall be sent to the Labour Superintendent /District Magistrate without any further delay.

(d) Such enquiry reports will be processed by the Labour Superintendent/ District Magistrate as quickly as possible.

9. (a) If the District Magistrate deems fit, he may enquire the claim further either by himself or any other officer subordinate to him. However, any such enquiry shall be completed within a month of the receipt of the said report of the Block.

(b) The District Magistrate shall decide the claim within 30 days of the receipt of the enquiry report, as the case may be, In case the claim is sanction 6, the payment of the grant shall be made through crossed cheque / demand draft to the dependent (s) through the Block Development officer. In case, the claim is rejected, an information to this effect with reasons shall be sent to the claimant as soon as possible.

10. A register shall be maintained at all Block and District offices in which information regarding accidents and decisions regarding claim shall be duly recorded and preserved. The register shall be maintained in Form-3 in Block offices and Form- 4 in District offences.

11. (a) Labour Commissioner, Bihar shall be in - charge of the Scheme at the State level.

(b) Labour Superintendent shall be in charge of the Scheme in the districts. However, District Magistrate may authorise any other officer subordinate to him for this purpose and that officer shall be in-charge of the Scheme.

(c) District Magistrates may review the Scheme in the districts and issue suitable instructions for proper implementation of the Scheme.

12. Every Block Development Officer shall send progress report by 10th of every month to the District Magistrate, and the District Magistrate shall send progress report by l5th of every month to the Labour commissioner, Bihar.

13. If a migrant labour has an insurance policy his dependent (s) shall not be denied benefit under this Scheme.

14. All such officers shall be liable for disciplinary action if they will fully fail to discharge their duties prescribed under this Scheme.

15. Department of Labour Resources, shall have the powers to amend these rules and issue instructions from time to time for implementation of the Scheme.

Kki la0&2@vkbZ0,e0,y0&219@2006 J0la0&1453

iVuk] fnuakd&19-03-2008

izfrfyfi& v/kh{kd] jktdh; eqnzk.kky;] xqytkjckx] iVuk dks fcgkj jkti= ds vkxeh vad esa izdk'kukFkZ izsf"krA

2 & muls vuqjks/k gs fd vf/klwpuk dh 5]000 izfr;ka Je lalk/ku foHkkx dks miyC/k djkus dk d"V djsaA

Kki la0&2@vkbZ0,e0,y0&219@2006 J0la0&1453

iVuk] fnuakd 19-03-2008

izfrfyfi& Jek;qDr] fcgkj] iVuk@lHkh ize.M+yh; vk;qDr@lHkh ftyk inkf/kdkjh@lHkh mi fodkl vk;qDr@lHkh vuqe.M+y inkf/kdkjh@lHkh la;qDr Jek;qDr@lHkh mi Jek;qDr@lHkh mi Jek;qDr] d`f"k Jfed@lHkh lgk;d Jek;qDr] d`f"k Jfed lfgr@lHkh Je v/kh{kd] d`f"k Jfed lfgr@lHkh iz[kaM+ fodkl inkf/kdkjh@lHkh vapykf/kdkjh@iz'kk[kk inkf/kdkjh 2]3 ljdkj i{k] Je llk/ku foHkkx] fcgkj] iVuk dks lwpukFkZ ,oa vko';d dk;kZFkZ izsf"krA

Form-1

(In Duplicate)

Bihar state migrant labour accident grants scheme

(Accident information format)

(To be submitted in Duplicate to B.D.O/ Labour superintendent / District Magistrate/ Panchayat/ Urban bodies)

Sender,

.........................................

Sir

This is to inform you that Srimati/ Shri________________________S/o/ Daughter of /W/o_____________________resident of Village______________________________P.S.________________________________Block_________________________________who was a Migrant Labour working in (Name of village / City/ District / State )______________________________________died on (Date of accident)______________________________at (Place of accident )______________________________________________on account of (Cause of death )________________________________________.

Yours faithfully

Name of Claimant / Informant___________________________Father's Name.______________________________________ Village __________________________________________ Panchayat ________________________________ District ______________________________ Relation with deceased ___________________________________________

Receipt

Bihar State Migrant Labour Accident Grants Scheme

Received the in formation in Form-I about the death of Migrant Labour shrimati/shri__________________________________S/o Daughter of / W/o __________________ from Sri mati/ Shri_______________________________________ on ____________________

Signature ___________________________

Name ___________________________

Designation ___________________________

Seal ___________________________

Date:

Form-2

(In Duplicate)

Claim Form for Bihar State Migrant Labour Accident Grants scheme

(To be submitted in Triplicate to B.D.O/ Labour Superintendent/ District Magistrate*)

1. (a) Name of deceased (In Block Capital Letters)______________________

(b) Address- Village__________________Panchayat___________________

P.S__________________Circle______________

District___________________

2. Statement of Accident :

(a) Date______________

(b) Time__________A.M./P.M.

(d) When was B.D.O/Labour Superintendent/ D.M/ Panchayat/ Urban bodies informed._________________________________________

(e) Details of Accident.______________________

(f) Date of Death & Time__________________

3. Name of Authority issuing Death Certificate / Post Mortem Report._____________________________

*The receipt of the claim form shall be acknowledged and one signed copy of the form shall be given to the applicant in time of the receipt.

________________________________________________

Details of Claimants

1. Following are dependents of deceased

(i) Name_________________________Age___________Relation with deceased________________________

(ii) Name_________________________Age___________Relation with deceased_______________________

(iii) Name_________________________Age___________Relation with deceased_______________________

(iv) Name_________________________Age___________Relation with deceased_______________________

(v) Name_________________________Age___________Relation with deceased_______________________

(vi) Name_________________________Age___________Relation with deceased_______________________

I / We declare that above information is correct to the best of my knowledge.

I / We declare the if any information is found to be false, my claim shall be deemed illegal.

Witnesses

1. Name & Address

(a)

(b)

.....

Signature of Claimants

(To be filled by inquiry Officer)

(a) Opinion about dependents:-

(b) Opinion regarding cause of death:-

Place:___________________	Signature of inquiry Officer	Signature of B.D.O
Date:____________________	Designation	(Seal)

__________________________________________________

Office of the District Magistrate________________

The claim was enquired by__________________________(Name of the Officer) and his findings are acceptable. The claim is sanctioned/ rejected.

Labour Superintendent		Signature of D.M
or		(Seal)
an officer authorised by the District Magistrate

Place:__________
Date:___________

Form-3

(Form of Register under Bihar State Migrant Labour Accident Grants Scheme)

Name of the Block:-

Name of the District :-

Sl. No.	Date	Name & Address of deceased	Name & Address of Claimants	Kind of Labour e.g. Agriculture Labour, Bidi worker etc.	Kind of accident e.g. Road Accident etc.	Name of Authority to whom Form - I was submitted (with) date)	Date of receipt of claim	Name of Inquiring officer
1	2	3	4	5	6	7	8	9

Date of Sending enquiry report to the Labour superintendent/ District Magistrate	Details of cheques received from District office (Date / No)	Date & details of payment		Signature of B.D.O	Remarks
		To whom payment was made (Name & Address)	Signature of payee
10	11	12	13	14	15

Form-4

(Form for maintenance of Register under Bihar State Migrant Labour Accident Grants Scheme at District level)

Name of the District : -

Sl. No.	Name of Block	Name & Address of Deceased Migrant Labour	Kind of labourers	Date of Receipt of claim	Date of Receipt of Enquiry report	Date of Sanction/ rejection
1	2	3	4	5	6	7

Details of Cheque/ Draft		Date of Sending Cheque/ Draft to B.D.O	Remarks
No & Date	Amount	Date of Sending Cheque/ Draft to B.D.O	(whether payment made to claimants)
8	9	l0	1l


Install Now!	Install Now!	Install Now!


Install Now!	Install Now!	Install Now!


Install Now!	Install Now!


Install Now!	Install Now!	Install Now!