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)
These rules may be called the
Bihar State Migrant Labour Accident Grants Scheme Rules, 2008. (2)
It will extend to the whole of
the Stale of Bihar. (3)
It will come into force from 1st
April, 2008. 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 cases of death caused by atomic radiation and
war. (b)
"Block Development
Officer" means Development Officer of the Blocks appointed by the State
Govt. (c)
"Circle Officer" means
Circle Officer of the circles (Anchals) 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,incase 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 18 to 65 years. 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 Officer, 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 named 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 Development Officer. (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 sanctioned 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 offices. 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 15th 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 wilfully 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. No. 2/IML-219/2006 L &
R-1452 By the Order of the Governor
of Bihar (Vyas, Ji) Principal Secretary BIHAR STATE MIGRANT LABOUR
ACCIDENT GRANTS SCHEME RULES, 2008
PREAMBLE