Death Benefit for Registered Construction Workers (OB&OCWW Board), Odisha

What is the BOCW Death Benefit in Odisha?

Death Benefit is the survivor payment of the Odisha Building and Other Construction Workers' Welfare Board, the statutory board of the Labour & ESI Department, Government of Odisha, constituted on 3 January 2004 under Section 18 of the Building and Other Construction Workers (RE&CS) Act, 1996. When a registered construction worker dies, the Board pays a lump sum to the nominee recorded at the time of registration, together with Rs 5,000 towards funeral expenses.

The governing provision is Rule 271 of the Odisha Building and Other Construction Workers' (RE&CS) Rules, 2002, substituted by Gazette Notification No. 933 of 30 May 2019. Rule 271 as substituted allows the Board to sanction Rs 2,00,000 to the nominees towards normal death benefit, and Rs 4,00,000 where death is caused by an accident during the course of employment. Odisha district labour offices separately record that "an amount of Rs 3,00,000 is extended towards the death benefit under the scheme w.e.f 24.10.2024", so the figure a family actually receives should be confirmed with the District Labour Officer handling the file.

Funding comes from the Odisha Building and Other Construction Workers' Welfare Fund, built from the 1% cess collected on the cost of all construction work in the state. The benefit is often referred to locally as the nirman shramik death benefit.

Key facts

• Natural death: Rs 2,00,000 under Rule 271.
• Accidental death during employment: Rs 4,00,000 under Rule 271.
• Funeral assistance: Rs 5,000 under Rule 278-A, claimed in Form XLIII.
• Claim form: Form XXXV.
• Statutory payment window: 60 days from the death application.
• Sanctioning authority: the Board, on a proposal from the District Labour Officer.

Who is eligible for the death benefit in Odisha?

A nominee or legal heir can claim if:

• The deceased was a registered beneficiary of the OB&OCWW Board holding an identity card in Form XXVIII.
• The membership had not ceased on the date of death. Under Rule 267(3), membership ceases if the Rs 50 annual contribution is in default for three continuous years.
• The claimant is the nominee recorded in Form XXXI at registration, or the legal heir where no nomination exists or the nominee has died.
• A Government Medical Officer not below the rank of Assistant Surgeon has certified the death as natural, or as an accident occurring during the course of employment.

You cannot apply, or will not be eligible, if:

• The deceased was never registered with the Board. Registration under Section 12 of the BOCW Act requires the worker to be between 18 and 60 years of age and to have worked as a building or other construction worker for at least 90 days in the preceding twelve months.
• The deceased's membership had already ceased through three continuous years of default in contribution.
• You are not the nominee or a legal heir; neighbours, employers and contractors cannot claim on the family's behalf.
• The Board has taken up a Group Insurance Scheme for registered beneficiaries under Rule 274 covering the same risk; Rule 271 states that in that case death benefit under the rule may not be applicable.
• The claim relates to a non-beneficiary family member. Death benefit is payable on the death of the registered worker, not of a dependant.

Note that a minimum registration period is not required for natural death. Letter No. 845 of 27 January 2015 of the Labour & ESI Department expressly waived the one-year minimum registration for safety equipment, working tools and death benefit in case of natural death.

What documents are required for a death benefit claim?

How to apply for the BOCW death benefit in Odisha

1. Obtain the death certificate from the panchayat or urban local body and the certificate of a Government Medical Officer not below the rank of Assistant Surgeon stating whether the death was natural or accidental during employment.
2. Fill in Form XXXV for the death benefit and Form XLIII for the Rs 5,000 funeral assistance, both downloadable from the Downloads page of the Board's portal.
3. Attach the original identity card of the deceased, the annual contribution money receipt, your identity proof, and the first page of your bank or post office passbook showing the account number and the name and address of the branch.
4. Add, for accidental death, the police FIR, the postmortem report and the report of accident and dangerous occurrences in Form XIV required under Rule 208(7), along with the inquiry report of a labour official not below the rank of Assistant Labour Officer.
5. Submit the complete file to the District Labour Officer of the district and take a dated acknowledgement.
6. Follow up on the enquiry report and certificate that the DLO must furnish within 30 days of receiving the application in a natural death case, and on attestation of the document copies, which is also to be done within 30 days.
7. Check the credit in the claimant's account: after the proposal reaches the Board, the sanctioned benefit is to be released within 15 days, by account payee cheque or bank transfer only.

Families can also use the Board's portal at nirmanshramik.odisha.gov.in. The worker's own login shows the registration status and the contribution position, and the Application Tracking link follows the claim once it has been entered into the system.

How much is paid and how fast?

Rule 271 fixes Rs 2,00,000 for normal death and Rs 4,00,000 for accidental death in the course of employment. Rule 278-A adds Rs 5,000 as funeral assistance. District labour offices additionally publish that Rs 3,00,000 is being extended towards the death benefit with effect from 24 October 2024, which appears to be a revised administrative scale; families should ask the DLO which figure applies to their case rather than assume.

The scheme is used heavily. The Divisional Labour Commissioner, Bhadrak, reported 1,393 death benefit payments totalling about Rs 25.59 crore, and 1,091 funeral assistance payments totalling Rs 54.55 lakh, up to 30 April 2025.

Timelines are written into the process. The DLO must submit the enquiry report and certificate within 30 days, attest document copies within 30 days, the Board must release the sanctioned amount within 15 days of the proposal, and the overall payment must be made available within 60 days of the death application.

What happens when the nominee is a minor or there are several heirs

Where the nominee is a minor, the Board may sanction the death benefit subject to the condition that the amount transferred is not withdrawn until the nominee attains majority. In an exigency, an early withdrawal is possible only with the approval of the Member Secretary of the Board.

Where there is no nomination, or the nominee has predeceased the worker, assistance towards death and funeral may be sanctioned in favour of the legal heir on production of a legal heir certificate from the competent authority. Where there is more than one legal heir, an affidavit is obtained from all of them recording who will receive the assistance on behalf of the family. Where there are multiple nominees, the benefit is paid to all the nominees.

Why death benefit claims get delayed or rejected

• Membership already ceased through three continuous years of unpaid annual contribution before the date of death.
• No medical officer's certificate, or a certificate signed below Assistant Surgeon rank.
• Accidental death filed without FIR or postmortem report, so the accident cannot be established.
• No legal heir certificate where nomination was never recorded.
• Affidavit missing where several heirs or nominees exist.
• Identity card not surrendered in original with the claim.
• Bank details unclear on the passbook copy, so the transfer fails.

Key dates and rule references

• 3 January 2004: OB&OCWW Board constituted under Section 18 of the BOCW Act.
• 27 January 2015 — Letter No. 845 waived the one-year registration minimum for death benefit in case of natural death.
• 30 May 2019: Gazette Notification No. 933 (S.R.O. 187/2019) substituted Rule 271, setting Rs 2,00,000 for normal death and Rs 4,00,000 for accidental death, and Rule 278-A setting Rs 5,000 funeral assistance.
• 24 October 2024, the date from which district labour offices record Rs 3,00,000 being extended as death benefit.

Grievance and contact

• OB&OCWW Board, Office of the Labour Commissioner, Unit-3, Kharavel Nagar, Bhubaneswar, phone 0674-3120552; also listed: 0674-2390079, 0674-2390028, 0674-2390013.
• Email: obocwwboard@yahoo.com
• Labour Directorate grievance portal: grievance.labdirodisha.gov.in
• District Labour Officer of the district where the worker was registered.

Nothing is payable to any middleman for a death benefit claim, and the Board releases money only into the claimant's own account.