Ex-Gratia for Death of Construction Workers (Dadra and Nagar Haveli and Daman and Diu)

What is the ex-gratia for death of a construction worker?

Ex-Gratia for Death, listed by the Board as Payment of Death Benefit, is a welfare scheme of the Building and Other Construction Workers Welfare Board of Dadra and Nagar Haveli and Daman and Diu, run by the Labour and Employment Department of the UT Administration. It is filed in Form XI in Dadra and Nagar Haveli and in Form VIII on the Board's Daman and Diu pages.

According to the Board's scheme page, the Board may sanction Rs 4,00,000 to the nominees or dependants of a member of the fund in case of death in the course of employment. If the death of the member is due to any other reason, an amount of Rs 2,00,000 may be sanctioned to the nominees or dependants.

This is the largest single payment in the Board's welfare scheme series, and it exists because of the risk profile of the work. The BOCW (Regulation of Employment and Conditions of Service) Act, 1996 was enacted in the first place because risk to life and limb is inherent in construction, employment relationships are temporary, and there was no reliable statutory route to compensation for a family left behind.

How much is paid, and when?

The scheme page also fixes a timeline that is unusually explicit for a state welfare scheme: the compensation should be disbursed in a definite time frame not exceeding 60 days from the date of death of the beneficiary. Families should hold the office to that period, and should note that the clock runs from the date of death, not from the date of the application, which is the strongest practical reason to file quickly.

Who can claim the death ex-gratia?

You can claim if:

• The deceased was a registered beneficiary of the BOCW Welfare Fund in Dadra and Nagar Haveli, Daman or Diu at the time of death.
• You are a nominee or dependant of the deceased member.
• You can produce a death certificate issued by a Government Doctor or a Registered Medical Practitioner not below the rank of Medical Officer, and a dependent or heirship certificate issued by the Competent Authority.

You are not eligible if:

• The deceased was never registered with the Board. Registration is the sole gateway, and it cannot be done after the death.
• You cannot establish nomination or dependency through the heirship certificate issued by the Competent Authority.
• The registration had lapsed for non-payment of subscription and had not been revived before the death.
• The deceased was availing benefits under the ESIC Act, 1948 or the EPF and MP Act, 1952, the Board has clarified that such workers are not entitled to receive similar benefits under the welfare schemes framed under the BOCW Act,

1996. A family drawing ESIC dependants' benefit should raise this with the labour office before filing.

The higher Rs 4,00,000 rate turns on the death having occurred in the course of employment. Where a worker dies in a site accident, the FIR, the accident report and the employer's statement are what establish that; without them the Board may treat the case under the Rs 2,00,000 head.

What documents are required?

How to apply for the death ex-gratia

1. Obtain the death certificate from a Government Doctor or a Registered Medical Practitioner not below the rank of Medical Officer. A certificate from a practitioner below that rank does not meet the scheme's own standard.
2. Apply to the Competent Authority for a dependent or heirship certificate. This is the document that usually takes longest, so start it the same week.
3. Gather the deceased member's BOCW registration details; district of registration, registration number and identity card — and, where the death occurred at work, the FIR or accident report.
4. Collect the prescribed form; Form XI in Dadra and Nagar Haveli, Form VIII in Daman and Diu: from your district labour office, or open the "Payment of Death Benefit" page on bocwddd.in.
5. Submit Form XI to the Member Secretary (BOCWWB) with the death certificate and the heirship certificate, and take a dated acknowledgement. The acknowledgement matters because the 60-day disbursal window runs from the date of death.
6. Cooperate with the enquiry. The Member Secretary shall conduct an inquiry with regard to the eligibility of the applicant before sanction. Expect the office to verify the registration record, the nomination and the circumstances of death.
7. File the funeral assistance claim alongside, in Form X in Dadra and Nagar Haveli or Form VII in Daman and Diu, for the separate Rs 20,000 towards last rites.

Why registration and nomination matter so much

Any building worker aged 18 to 60 who has been engaged in building or other construction work for not less than 90 days during the preceding twelve months is eligible to register as a beneficiary of the BOCW Welfare Fund. The application goes to the officer authorised by the Board, and the fee is not more than Rs 50.

Two habits protect a family. Keep the subscription current, because a lapsed membership at the moment of death defeats a Rs 4 lakh claim. And keep the nomination updated with the Board, because the money is payable to nominees or dependants, and a stale or missing nomination is what turns a 60-day disbursal into a year-long enquiry.

How to check the status of a death benefit claim

The Board does not run an online claim tracker. Follow up at the district labour office where Form XI was filed, quoting the deceased member's BOCW registration number, the date of death and the date of submission, and ask for the file number. If the 60-day window from the date of death has passed without a decision, raise it in writing with the Member Secretary and with the district labour office, and use the Board's feedback and RTI routes if needed.

Why death ex-gratia claims get reduced or rejected

• Death certificate from the wrong authority, not a Government Doctor or an RMP of at least Medical Officer rank.
• No heirship or dependency certificate from the Competent Authority.
• Employment link not established, which drops the claim from Rs 4,00,000 to Rs 2,00,000.
• Registration lapsed before the date of death.
• Nomination missing or disputed between claimants, which stalls the enquiry.
• Deceased was covered by ESIC or EPF benefits, which the Board has excluded.
• Bank details of the claimant incorrect, which holds up the transfer after sanction.

Where to get help

• Dadra and Nagar Haveli: BOCW Welfare Board, Old Circuit House Building, opposite Bal Bhawan, Silvassa 396230. Phone 0260-2642374, email labour-dnh@nic.in
• Daman: Vidhyut Bhavan, Kachigam, Daman 396215. Phone 0260-2261059, email lelidaman@gmail.com
• Diu: Labour and Employment Office, Collectorate, Diu 362520. Phone 02875-252444

The Board's website carries a feedback form and an RTI page for written grievances. No fee is payable for filing Form XI, and no agent is authorised to take a share of a death compensation.