[22nd January 2024] Whereas
the State Government is satisfied that it is necessary to make more clear and
simplify the provisions of the grant to unorganised sector workers and
artisans, working in the State, in case of their death, disabilities and
injuries arising on account of accidents and serious ailments: and Whereas
to achieve the aforesaid objectives, it is necessary to amend the" Bihar
Shatabdi Unorganized Sector Workers and Artisans Social Security Scheme
2011": Now,
therefore, in public interest and in order to achieve the objectives as
contained in Article 39(c) of the Constitution of India, the Governor of Bihar
hereby amends the Bihar Shatabdi Unorganized Sector Workers and Artisans Social
Security Scheme 2011:- (1)
This
scheme may be called the Bihar Shatabdi Unorganized Sector Workers and Artisans
Social Security (Amendment) Scheme 2024. (2)
It
shall extend to the whole of the State of Bihar. (3)
It
shall come into force from the date of publication in gazette. Para
2(1)(a) of the said Scheme, 2011 shall be substituted by the following:- (a)
"Accident"
means accident caused by external violence which is apparent in nature and
shall include- Train or road accident, electric shock, snake-bite, drowning,
fire burn, falling from tree or building, attack by wild animals, terrorist or
criminal attack etc. Provided
that, it shall not include self inflicted injury or suicide or accident caused
under inebriated condition or death or disability suffered while committing
criminal offences; Para
2(1) (f) of the said Scheme, 2011 shall be substituted by the following:- 2(1) (f) "Dependents"
means:- (1)
Widow
of the deceased worker: (2)
Husband
in case of deceased woman worker: (3)
In
case of unmarried deceased woman worker father & mother jointly or any of
the both mother or father who is alive, if one of them is dead. (4)
In
case of death of widow or widower worker/artisan, sons upto 25 yrs of age,
unmarried daughters or widow daughter(if any) shall be considered as joint
dependents . There will be age-bar if the son of the deceased worker is
disabled. (5)
If
the dependent husband/wife of the deceased worker/artisan remarries before
submission of application or payment of grant in such cases sons upto 25 yrs of
age and unmarried daughter of deceased will be jointly considered as
dependents. In case of male workmen/artisans, it they have no infant at the
time of death and it the wife in such cases, marries before the submission of
application or payment of grant, father and mother of the deceased jointly or
in case of death of any of both, anyone will be considered as dependent, who is
alive. Note:-
Amount of the grant will be equally distributed among all the dependents in
case of Joint dependents only. (6)
If
the spouse / son/ daughter/ parents of the deceased are not alive, the grand
parents of the deceased will be considered as dependent. " Following
Paras (r) and (s) shall be added after Para 2(q) of the said Scheme, 2011:- (r) "Labour
Enforcement Officer" mean Labour Enforcement Officer appointed by the
State Governement or in charge of the Cirlcle. (s) "Executive
Director" means Executive Director under the Bihar State Labour Welfare
Society. " Para
4 of the said Scheme, 2011 shall be substituted by the following: "4. This scheme shall apply to all such workers and artisans of
unorganised sector in case of natural or accidental death, age of the deceased
on the date of death should be between 18 to 65 years according to age
certificate, and in case of disability, injuries and serious ailments, the age
of the applicant should be between 18 to 65 on the date of application. (a)
Any
of the following documents may be produced as age certificate:- (i)
Certificate
issued by Birth/Death Registrar. (ii)
Marksheet
of Matric or Original Certificates in which date of birth is mentioned. (iii)
AADHAAR
Card (iv)
Driving
License (v)
Voter
Identity Card (b)
This
scheme shall not apply to the persons who are- (i)
covered
under any such insurance scheme, Partly or fully funded by State Government,
Central Governement or both the Governements; (ii)
not
the members of the board which is formed as per the provisions laid down under
the Building and Other Construction Workers(Regulation of Employmrnt and
conditions of Services Act, 1996 & Rules on the date of death/submission of
application; (iii)
Received
the grant by Disaster Management department after accidental death." (iv)
Medical
benefits in case of incurable disease will not be payable to those workers/
artesans who are covered under Ayushman Bharat scheme. " Para
5 of the said Scheme, 2011 shall be substituted by the following:- " 5. Dependent/dependents of descendants will be determined by the Labour
Enforcement officer as per the definition of dependent mentioned in the
notification with the help of the family list received from the circle officer.
If a dispute arises in the determination of dependents, an appeal shall be filed
before the Executive Director and his/her decision will be final. " Para
6(1) of the said Scheme, 2011 shall be substituted by the following:- 6(1) In case of accidental death of a worker or artisan, a grant of Rs.
2,00,000/- (Two Lakh) shall be paid to his/her legal dependents. Para
6(2) of the said Scheme, 2011 shall be substituted by the following:- 6(2) In case of natural death of worker or artisan, a grant of Rs. 50,000
(Fifty Thousand) shall be paid to his/her dependents. Para
6(3) of the said Scheme, 2011 shall be substituted by the following:- 6(3) In case of Permanent total disability of a worker or artisan, a
grant of Rs. 1,00,000/- (One Lakh) shall be paid to him/her. Para
6(4) of the said Scheme, 2011 shall be substituted by the following:- 6(4) In case of Permanent partial disability of a worker or artisan, a
grant of Rs. 50,000/- (Fifty Thousand) shall be paid to him/her. Para
6(5) of the said Scheme, 2011 shall be substituted by the following:- "6(5) An amount of Rs. 2,500/-
(Two Thousand Five Hundred) per year in one time yearly instalment to maximum
of two children of worker or artisan studying in class 11th& 12th in the
State of Bihar, Rs. 5,000/-(Five Thousand) per year in one time yearly instalment
to the students studying in Government Industrial Technical Institute in the
State of Bihar and Rs. 10,000/- (Ten Thousand) per year in one time yearly
instalment to the students studying in Government Polytechnic in the State of
Bihar shall be paid as scholarship. If the student fails in an examination, the
financial assistance shall not be paid next year." Para
6(6) of the said Scheme, 2011 shall be substituted by the following:- 6(6) A worker or artisan injured due to an accident causing his
hospitalization for a minimum period of five days shall be paid a medical
assistance of Rs. 10,000/-(Ten Thousand) to take care of his medical and other
related expenses. " Para
6(7) of the said Scheme, 2011 shall be substituted by the following:- 6(7) A worker or artisan suffering from incurable disease as prescribed
in Schedule -I of this scheme shall be paid medical assistance to take care of
his medical and related expense at the rate of 15000/- to 60,000/- as
prescribed in the said schedule. " Para
6(8) of the said Scheme, 2011 shall be substituted by the following:- "6 (8) Payments under the
scheme shall be made by way of NEFT/RTGS into the account of beneficiaries by
way of NEFT/RTGS." Para
7(1) of the said Scheme, 2011 shall be substituted by the following:- "7 (1) Death Cases- (a)
Application
for grant in case of natural and accidental death shall be submitted within a
period of two year from the date of such occurrence in Form 1 to the concerned Labour
Enforcement Officer/ Block Development Officer/ Labour Superintendent/ District
Magistrate. These forms shall be kept in appropriate number in the concerned
offices. (b)
In
case of non-availability of the Form 1, application may be given on plain paper
with all necessary documents. (c)
Following
documents shall be attached with the aforesaid application:- (i)
Residential
certificate of the deceased/dependents. (ii)
List
of family of the deceased issued by Circle Officer(For determination of
dependent(s)) (iii)
In
case of accidental death, a Post Mortem Report by a doctor not below the rank
of a Government Medical Officer. If postmartem report is medically not
possible, Inquest report or Panchnama of the deceased. (iv)
In
case of accidental death, a copy of information given in the concerned police
station regarding accident or certificate of Mukhiya/Sarpunch/Member of
Panchyat Samiti/Member of Zila Parishad/Ward Counsiler of urban area regarding
the accident, if information to Police Station is not required under the law. (v)
Death
Certificate; (vi)
Proof
of age of deceased; (vii)
Certificate
issued by concerned Mukhiya /Sarpanch /Member of Zila Parishad / Ward Councilor
of urban area specifying the nature of work in which the deceased was engaged; (viii)
Self-declaration
of Category by applicant(General/SC/ST); (ix)
Self
attested copy of details of Bank account of applicant; Para
7(2) of the said Scheme, 2011 shall be substituted by the following:- "7 (2) Disability Cases- (a)
Application
for grant in case of permanent total disability or partial disability shall be
given within a period of five year from the date of such occurrence in Form-2
to the concerned Labour Enforcement Officer/Block Development Officer/Labour
Superintendent/District Magistrate. These forms shall be kept in sufficient
numbers at all concerned offices. (b)
In
case of non-availabity of Form-2 application may be given on plain papers with
all necessary documents. (c)
Following
documents shall be attached with the aforesaid application:- (i)
Residential
certificate of applicant; (ii)
Proof
of Age; (iii)
A
self attested photograph of applicant showing condition of disability; (iv)
A
copy of information given in the concerned police station regarding accident or
certificate of Mukhiya /Sarpanch /Member of Zila Parishad /Ward Councilor of
concerned urban area if information to police station is not required under the
law; (v)
Disability
certificate issued by a Government Orthopedic Surgeon: (vi)
Certificate
issued by Mukhiya/Sarpanch/Member of Zila Parishad /Ward Councilor of concerned
urban area specifying the nature of work the applicant is/was engaged in; (vii)
Self-declaration
of Category by applicant(General/SC/ST);; (viii)
Self
attested copy of details of Bank account of applicant; Para
7(3) (a)(c)(d)of the said Scheme, 2011 shall be substituted by the following:- " 7 (3) (a) Application for
scholarship in the prescribed Form 3 along with required documents separratrely
for each class will be submitted to the Labour Suprintendent of the district in
which the worker or artisan is a permanent resident during the Student[s study
in the respectire class. The application form will be made available in the
district offces and on the departmental website. 7 (3) (c) "Labour
Superintendent shall, after checking that the application is in order, forward
and recommend the claim to the Executive Director, Bihar State Labour Welfare
Society, Patna." 7 (3) (d) "The following
documents shall be attached with the aforesaid application - (i)
Proof
of age of the parent who is a worker or artisan. (ii)
Residential
Certificate of the parent. (iii)
Certificate
issued by the concerned Mukhiya/Ward Member of the Panchyat/ Member of the
Panchyat Samiti or the concerned Ward Councillor (Urban area), as the case may
be, specifying the nature of work, the parent of the applicant is engaged in. (iv)
Photograph
of the parent attested by the concerned Mukhiya/Ward Member of the Panchyat/
Member of the Panchyat Samiti or the concerned Ward Councillor (Urban area),as
the case may be. (v)
Certificate
with photograph of student issued by the Head of the Educational Institution,
where the student is studying. (vi)
Certificate
issued by the Head of the Educational Institution that the concerned student is
not covered under any other scholarship scheme of State or Central Government. (vii)
Self-declaration
of Category by the applicant. (viii)
Self
attested copy of details of Bank account of applicant; (ix)
Aadhaar
card of worker/artisan and the children of applicant. Para
7(4) of the said Scheme 2011 shall be substituted by the following:- "7 (4) Medical Assistance in
case of hospitalization after injury :- (a)
Application
for grant of medical assistance in case of a worker or artisan suffers injury
in an accident causing hospitalization shall be submitted within a period of
one year, in Form-4 to the concerned Labour Enforcement Officer/Block
Development Officer/Labour Superintendent/District Magistrate. These forms
shall be kept in sufficient numbers in all concerned offices. (b)
In
case of non-availability of Form-4, application may be given on plain papers
with all necessary documents. (c)
Following
documents shall be attached with the aforesaid application:- (i)
Residential
certificate of applicant. (ii)
Certificate
regarding nature of disease issued by Government Doctor, who is providing the
medical treatment or certificate issued by State Government hospital or
hospital recognised under any scheme of Centre or State Governement. (iii)
Copy
of information given in the concerned police station regarding the accident or
certificate issued by Mukhiya /Sarpanch /Member of Zila Parishad /Ward
Councilor of concerned urban area, as the case may be regarding the accident if
information to police station is not required under law. (iv)
Proof
of Age. (v)
Certificate
issued by Mukhiya /Sarpanch /Member of Zila Parishad /Ward Councilor of
concerned urbon area specifying the nature of work the applicant is/was engaged
in. (vi)
A
self attested photograph of the person showing his/her injury and
hospitalization. (vii)
Self-declaration
of Category by applicant (General/SC/ST); (viii)
Self
attested copy of details of Bank account of applicant; Para
7(5) of the said Scheme, 2011 shall be substituted by the following:- "7(5) Medical Assistance in
case of incurable disease:- (a)
In
case of incurable disease of a worker or artisan application for grant of
medical assistance shall be submitted in Form-5 to the concerned Labour
Enforcement Officer/Block Development Officer/Labour Superintendent/District
Magistrate. These forms shall be kept in sufficient numbers in all concerned
offices. (b)
In
case of non-availability of form-5, application may be given on plain papers
with all necessary documents. (c)
Following
documents shall be attached with the aforesaid application:- (i)
Residential
certificate; (ii)
Certificate
regarding nature of disease issued by government Doctor, who is treating the
worker/artisans or certificate issued by State Government hospital or hospital
recognised under any scheme of Centre or State Governement. In whichi it mentioned
that the applicant is suffering from a related incurable disease at the time of
application. (iii)
Proof
of Age: (iv)
Certificate
issued by Mukhiya /Sarpanch /Member of Zila Parishad /Ward Councilor of
concerned urban area specifying the nature of work the applicant is/was engaged
in. (v)
Self-declaration
of Category by applicant(General/SC/ST); (vi)
Self
attested copy of details of Bank account of applicant; Para
8 of the said Scheme 2011 shall be substituted by the following:- "8. Labour Superintendent immediately after receiving any application
by concerned labour either in office or from other source will send to the
concerned Labour Enforcement Officer for enquiry and time-bond report. " Para
9 of the said Scheme 2011 shall be substituted by the following:- " 9. (1) On receipt of the application directly from applicant or from
any other office, as the case may be, the Labour Enforcement Officer will
immediately proceed for enquiry. (2)
While making the enquiry, the LEO will ascertain whether the deceased or
applicant incase of disability, injury and incurable disease was/is a worker or
artisan. Then he will ascertain the cause of death or disability, injury,
nature of ailment and treatment, age of deceased/applicant, verification of
members/legal dependents of the deseased and enquire into the claim and will
also verify the attached documents with original ones. (3)
Such enquiry reports will be processed by Labour Enforcement Officer within a
period of 21 working days in case of death or disability after receiving
completely filled-up application, whereas a period of ten working days is fixed
for processing the application in case of admission in hospital after injury or
medical treatment for incurable disease. The reports will be sent to Labour
Superintendent with clear remarks/ recommendation. If
the application is not completely filled-up, concerned officer will ask for
necessary documents from the applicant within seven working days from the date
of receipt of applicatin by registered post. " Para
10 of the said Scheme, 2011 shall be substituted by the following:- " 10. (1) If the Labour
Superintendent deems fit, he may enquire the claim either by himself or by a
team with Labour Enforcement Officer but this will be completed within twenty
one working days from the date of receipt of the said report of Labour
Enforcement Officer. (2)
If Labour Superintendent is satisfied with the enquiry report of Labour
Enforcement Officer he will send the sanction order/requisition to Bihar State
Labour Welfare Society within 07 working days from receipt of the such enquiry
report. (3)
In case, the claim is rejected by Labour Superintendent information to this
effect with all reasons shall be sent to Bihar State Labour Welfare Society and
claimant by registered post. (4)
The amount of sanctioned order/requisition from Labour Superintendent (if fund
is available) will be transferred in the account of beneficiary directly
through RTGS/NEFT by Bihar State Labour Welfare Society. " Para
11 of the said Scheme, 2011 shall be substituted by the following:- " 11. All records related to
record of applications received/enquired and decisions taken shall be duly
maintained in the Labour Office of the District. " Para
12 of the said Scheme, 2011 shall be substituted by the following:- "12 Labour Superintendent or any other authorised officers shall,
immediately after receipt of an application for grant of scholarship, send the
application to concerned Labour Enforcement Officer for enquiry and submission
of timebound enquiry report. The Labour Enforcement Officer shall, immediately
after receiving the application for scholarship from any office, start the
enquiry. The Labour Enforcement Officer shall, during enquiry, ascertain that
whether the applicant is /was a worker or not. Then, enquiry shall be done on
all the issues concerned with the claim and shall certify the attached
certificates by verifying them with the original ones. " Para
13 of the said Scheme, 2011 shall be substituted by the following:- "13 The enquiry of the application for scholarship shall be completed
within a period of 14 days of receipt of application. If the Labour
Superintendent is satisfied with the enquiry report of Labour Enforcement
Officer, he shall, after accepting the claim within a period of 7 working days
of receipt of enquiry report, send the sanction order/requisition to Executive
Director, Bihar State Labour Welfare Society, Bihar, Patna. If the Labour Superintendent
thinks fit, he may make self-enquiry or with a team of Labour Enforcement
Officers. But this enquiry must be completed in a period of 21 working days of
the receipt of enquiry report from Labour Enforcement Officer." Para
14 of the said Scheme, 2011 shall be substituted by the following:- "14 The amount of scholarship if the fund is available shall be
credited through NEFT/RTGS in the account of the student described in the
sanction order/requisition of Labour Superintendent within 15 days ." Para
15 of the said Scheme, 2011 shall be substituted by the following:- "15. The records of decisions taken on approval orders/ requisitions
received from the districts will be maintained by the office of the committee.
Online maintenance will be done in future after preparing online system. " Para
16 of the said Scheme, 2011 is deleted:- Para
17 of the Scheme, 2011 shall be substituted by the following:- "17. Labour Superintendent will be able to consult the Chief Medical
Officer in processing the claim as per requirement. However, this type of
consultation should not take unnecessary. " Para
18 of the said Scheme, 2011 is deleted:- Para
19 of the said Scheme, 2011 is deleted:- Para
20 of the said Scheme, 2011 is deleted:- Para
21 of the said Scheme, 2011 shall be substituted by the following:- "21. Maintenance of records of application received, investigation done
and decisions taken will be done by the district Labour Office. " Para
22 of the said Scheme, 2011 shall be substituted by the following:- " 22. A person aggrieved by any
order of the Labour Superintendent shall make an appeal before the Assistant
Labour Commissioner within 90 days from the date of rejection of application,
whose decision shall be final and finding. The
Assistant Labour Commissioner shall dispose of all such appeals within 30 days
of its filing. " Para
24 of the said Scheme, 2011 shall be substituted by the following:- "24. As a means to maintain transpirancy, all orders passed by Labour
Superintendent or the Executive Director, Bihar State Labour Welfare Society
and the list of beneficiaries shall be brought in public domain by uploading
the orders and list of beneficiaries on the website of the concerned district
or Bihar State Labour Welfare Society, Labour Resources Department,
Bihar." Para
26(2) of the said Scheme, 2011 shall be substituted by the following:- "26 (2) Labour Superintendent shall be the nodal authority for
implementing and monitoring the scheme at the district level. " Para
26(3) of the said Scheme, 2011 is deleted:- Para
27 of the said Scheme, 2011 shall be substituted by the following:- " 27. If a worker/artisan has
any other insurance policy and the premium is/was paid by himself/herself or
his dependent(s), he/she shall not be denied benefits under this scheme. " Para
31 of the said Scheme, 2011 shall be substituted by the following:- " 31. In process of execution
of Bihar Shatabdi Unorganized Sector Workers and Artisans Social Security
Scheme 2011, the Bihar State Labour Welfare Society, Labour Resources
Department, Bihar will be empowered to amend any provision of the scheme (if
required) with consent of the Departmental Minister, Labour Resources
Department, Bihar. The State Government will be empowered to repeal any or all
provisions of this scheme. "Bihar Shatabdi Unorganized Sector Workers
And Artisans Social Security (Amendment) Scheme, 2024
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Bihar Shatabdi Unorganized Sector Workers And Artisans Social Security (Amendment) Scheme, 2024
Bihar Shatabdi Unorganized Sector Workers And Artisans Social Security (Amendment) Scheme, 2024
Scheme - 1. Short title, extent & commencement
Scheme - 2.
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