Dear Friends
While doing the erection work in our Construction Site an accident took place and next day the injured died in hospital.
Normally in Andhra Pradesh I used to give the intimation to Joint Commissioner of Labour and further they will calculate the compensation amount to be paid to the family of Deceased in intimate the same to us. If we make the payment then our part will be over.
Whereas in Gujarat, we have to submit the Accident Investigation Report in Form 18 under BOCW (Gujarat) Rules 2003. We have to calculate ourselves and further we have to submit the same to Labour Court and further Labour Court will intimate the Next of Kin to claim the compensation from them. Then we have to issue a NOC to the family of Deceased that we do not have any objection to make the payment to the Family members of Deceased. The amount can be claimed only by engaging a lawyer and without a lawyer they cannot claim it.
My Question is,
Why our rules are differing from State to State?
Why are we not adopting a single code of practice?
Once the Central Government has made the concerned Acts and Rules, what is the purpose of making the State Act and State Rules, which makes further complication for those strictly following the rules:-
What is the requirement for one job, 2 registrations (Registration of Establishment under BOCW Act and CL Act) and 2 licenses (CL Act & Inter State Migrant Workers Act) and n number of acts and rules?
As we are having covered with uncountable acts and rules (Contract Labour Act, Rule (State & Central), Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Payment of Gratuity Act, Equal Remuneration Act, Workmen Compensation Act, Rules, BOCW Act, BOCW Rules, BOCW Welfare Cess Act, BOCW Welfare Cess Rules, Industrial Dispute Act, ID Rules, Maternity Benefit Act, Industrial Employment Act, rules, Trade Union Act, Factories Act, Rules, Shops and Commercial Establishment Act, Mines Act, Fatal Accident Act, etc., etc., etc.,……………………………………..) we can get fixed by anyone at anytime even if we maintain all the registers, forms, welfare amenities and other statutory requirement as required by any act (for the purpose of extraction of something), What is the real remedy we have with us?
What can be the remedy for these issues.
May I expect our learned members comments / remarks
From India, Kumbakonam
1166While doing the erection work in our Construction Site an accident took place and next day the injured died in hospital.
Normally in Andhra Pradesh I used to give the intimation to Joint Commissioner of Labour and further they will calculate the compensation amount to be paid to the family of Deceased in intimate the same to us. If we make the payment then our part will be over.
Whereas in Gujarat, we have to submit the Accident Investigation Report in Form 18 under BOCW (Gujarat) Rules 2003. We have to calculate ourselves and further we have to submit the same to Labour Court and further Labour Court will intimate the Next of Kin to claim the compensation from them. Then we have to issue a NOC to the family of Deceased that we do not have any objection to make the payment to the Family members of Deceased. The amount can be claimed only by engaging a lawyer and without a lawyer they cannot claim it.
My Question is,
Why our rules are differing from State to State?
Why are we not adopting a single code of practice?
Once the Central Government has made the concerned Acts and Rules, what is the purpose of making the State Act and State Rules, which makes further complication for those strictly following the rules:-
What is the requirement for one job, 2 registrations (Registration of Establishment under BOCW Act and CL Act) and 2 licenses (CL Act & Inter State Migrant Workers Act) and n number of acts and rules?
As we are having covered with uncountable acts and rules (Contract Labour Act, Rule (State & Central), Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Payment of Gratuity Act, Equal Remuneration Act, Workmen Compensation Act, Rules, BOCW Act, BOCW Rules, BOCW Welfare Cess Act, BOCW Welfare Cess Rules, Industrial Dispute Act, ID Rules, Maternity Benefit Act, Industrial Employment Act, rules, Trade Union Act, Factories Act, Rules, Shops and Commercial Establishment Act, Mines Act, Fatal Accident Act, etc., etc., etc.,……………………………………..) we can get fixed by anyone at anytime even if we maintain all the registers, forms, welfare amenities and other statutory requirement as required by any act (for the purpose of extraction of something), What is the real remedy we have with us?
What can be the remedy for these issues.
May I expect our learned members comments / remarks
From India, Kumbakonam
You are true Mr. Ravi
State to State Licensing Procedure differs, Vehicle Permit differs, even vehicle status differs (In Tamil Nadu 7500 Kg Gross weight vehicle must be driven by HV Licence whereas in Kerala 8500 Kgs and above only need HV Driver Licence).
I think these are all the loopholes given by the government for the benefit of the RTOs, Vehicle Inspectors and even Traffic Police.
From India, Kumbakonam
State to State Licensing Procedure differs, Vehicle Permit differs, even vehicle status differs (In Tamil Nadu 7500 Kg Gross weight vehicle must be driven by HV Licence whereas in Kerala 8500 Kgs and above only need HV Driver Licence).
I think these are all the loopholes given by the government for the benefit of the RTOs, Vehicle Inspectors and even Traffic Police.
From India, Kumbakonam
Dear Bhaskar
Thanks for your post that make many people to think.
Though I am not an expert to answer your question, I have the following observation to share with you.
India though known as a single nation,but it has several faces as 'states' like in USA. But in USA all are the in agreement with each other.
Look at the major difference of the Constitutions of both countries and fudamentally they differ.(See the coloured markings)
This is the basic thing that gives an answer to your question.
We need to accept as it is and move forward.
I appreciate your thinking,but I could not find a right answer.
Let also hear from other friends for more enlightenment in this good debate.
AVS
************************************************** ******
Indian Constitution
1. Indian federation is not the result of an agreement between States.
2. There is only one citizenship for both the States and Union.
3. Each State sends M.P.s to the Parliament depending upon the population of the State.
4. There is no principle of quality between the states.
5. There are three Lists- Union List-(First List); State List (Second List); and Concurrent List – (Third List). The Parliament can legislate only the subjects of the State List and Concurrent List. The States are not sovereign. The Union can encroach upon State’s Lists.
6. No State can separate from Indian Territory.
7. The Parliament, i.e. Center has been residuary powers.
8. There is only one Constitution for Union and States.
9. India achieved uniformity in basic civil and criminal laws, except personal laws in some matters.
10. The Indian Union is an indestructible Union of destructible States. The area, identity of a state can be changed by Parliament. The States can be destructible. But the Union can not be changed. The Union is indestructible.
11. The Central Government has been the power to form a new State, to increase the area of any State, to diminish the area of any State; to alter the boundaries of any State; to alter the name of any State; and to form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a partnership the of any State(Article 3)
12. The word “Federal” is not at all used in our Constitution. Simply the framers described “Union”.
13. The Supreme Court has been given very wide powers, including appellate (Civil and criminal) jurisdiction.
14. No referendum is necessary. For the amendment of the Constitution, the people need not give their consent. It is sufficient to get the majority of M.P.s and in certain cases, the majority of the State legislatures.
American Constitution
1. American Federation is the result of an agreement between States.2. There are dual citizenships- one Federal Citizenship- another State Citizenship.
3. Each State sends equal number of representatives to the Senate.
4. There is principle of equality between the States, irrespective of its population, extent etc.
5. There is a clear division of legislative powers among Federal and Units. The Union and as well as each Unit is sovereign in its sphere. The Union is sovereign in their respective State legislative fields. Strictly one can not trench upon the other’s area of power. Each is confined to its own sphere.
6. The State, if wants, can separate itself with the Federal, being the relation is based only the ‘Agreement ’.
7. The States have residuary powers.
8. There are two Constitutions-
9. There are different civil and criminal laws, differing from State to State.
10. Union is based only the agreement. Any State can separate at any time. When the States are separated, there will be no Union at all. Hence, it is called that the American Union is an indestructible Union of indestructible States.
11. The American Federal Government has been no such power.
12. The word “Federal” is used in the Constitution very often, and still now it is used very frequently.
13. The Supreme Court of American has not been given such type of appellate jurisdiction.
14. For the amendment of Federal Constitution, a referendum must be conducted. Amendment to the Constitution can be made only with the consent of the people.
For more details see the below link:
What is the difference between Indian Constitution and American Constitution?
************************************************** *****
From India, Madras
Thanks for your post that make many people to think.
Though I am not an expert to answer your question, I have the following observation to share with you.
India though known as a single nation,but it has several faces as 'states' like in USA. But in USA all are the in agreement with each other.
Look at the major difference of the Constitutions of both countries and fudamentally they differ.(See the coloured markings)
This is the basic thing that gives an answer to your question.
We need to accept as it is and move forward.
I appreciate your thinking,but I could not find a right answer.
Let also hear from other friends for more enlightenment in this good debate.
AVS
************************************************** ******
Indian Constitution
1. Indian federation is not the result of an agreement between States.
2. There is only one citizenship for both the States and Union.
3. Each State sends M.P.s to the Parliament depending upon the population of the State.
4. There is no principle of quality between the states.
5. There are three Lists- Union List-(First List); State List (Second List); and Concurrent List – (Third List). The Parliament can legislate only the subjects of the State List and Concurrent List. The States are not sovereign. The Union can encroach upon State’s Lists.
6. No State can separate from Indian Territory.
7. The Parliament, i.e. Center has been residuary powers.
8. There is only one Constitution for Union and States.
9. India achieved uniformity in basic civil and criminal laws, except personal laws in some matters.
10. The Indian Union is an indestructible Union of destructible States. The area, identity of a state can be changed by Parliament. The States can be destructible. But the Union can not be changed. The Union is indestructible.
11. The Central Government has been the power to form a new State, to increase the area of any State, to diminish the area of any State; to alter the boundaries of any State; to alter the name of any State; and to form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a partnership the of any State(Article 3)
12. The word “Federal” is not at all used in our Constitution. Simply the framers described “Union”.
13. The Supreme Court has been given very wide powers, including appellate (Civil and criminal) jurisdiction.
14. No referendum is necessary. For the amendment of the Constitution, the people need not give their consent. It is sufficient to get the majority of M.P.s and in certain cases, the majority of the State legislatures.
American Constitution
1. American Federation is the result of an agreement between States.2. There are dual citizenships- one Federal Citizenship- another State Citizenship.
3. Each State sends equal number of representatives to the Senate.
4. There is principle of equality between the States, irrespective of its population, extent etc.
5. There is a clear division of legislative powers among Federal and Units. The Union and as well as each Unit is sovereign in its sphere. The Union is sovereign in their respective State legislative fields. Strictly one can not trench upon the other’s area of power. Each is confined to its own sphere.
6. The State, if wants, can separate itself with the Federal, being the relation is based only the ‘Agreement ’.
7. The States have residuary powers.
8. There are two Constitutions-
9. There are different civil and criminal laws, differing from State to State.
10. Union is based only the agreement. Any State can separate at any time. When the States are separated, there will be no Union at all. Hence, it is called that the American Union is an indestructible Union of indestructible States.
11. The American Federal Government has been no such power.
12. The word “Federal” is used in the Constitution very often, and still now it is used very frequently.
13. The Supreme Court of American has not been given such type of appellate jurisdiction.
14. For the amendment of Federal Constitution, a referendum must be conducted. Amendment to the Constitution can be made only with the consent of the people.
For more details see the below link:
What is the difference between Indian Constitution and American Constitution?
************************************************** *****
From India, Madras
Dear Mr. Bhaskar,
This is for your information only, When an accident occur in the premise whether employee has died or injured following procedure must be follow irrespective of deferent state.
1. Immediately information has to given to Local Thana, Labour Enforcement Officer (Died or Injured).
2. For injured person - Medical Examination must be start and know exact injury factor (For Calculation Purpose)
3. For Decease person- Do Postmortem and information record it.
4. and start calculation from age factor of Died or injured employee
5. Ask a claim letter and address proof from Injured employee or Decease employee hire
6. all above information enclose with cover letter and make Demand Draft in favor of District Magistrate (If there is No DC) If DC is there make Demand Draft in favor of DC.
7. and take the receiving copy from DC or DM office.
and all above information xerox copy give to Injured employee or Decease employee hire so they can claim their compensation through lawyer at D.M office or DC office.
and wait for Judgment once the judgment comes, ask judgment copy from D.C. office or D.M. office.
all above record necessary for claiming the insurance from insurance company.
From India
This is for your information only, When an accident occur in the premise whether employee has died or injured following procedure must be follow irrespective of deferent state.
1. Immediately information has to given to Local Thana, Labour Enforcement Officer (Died or Injured).
2. For injured person - Medical Examination must be start and know exact injury factor (For Calculation Purpose)
3. For Decease person- Do Postmortem and information record it.
4. and start calculation from age factor of Died or injured employee
5. Ask a claim letter and address proof from Injured employee or Decease employee hire
6. all above information enclose with cover letter and make Demand Draft in favor of District Magistrate (If there is No DC) If DC is there make Demand Draft in favor of DC.
7. and take the receiving copy from DC or DM office.
and all above information xerox copy give to Injured employee or Decease employee hire so they can claim their compensation through lawyer at D.M office or DC office.
and wait for Judgment once the judgment comes, ask judgment copy from D.C. office or D.M. office.
all above record necessary for claiming the insurance from insurance company.
From India
Dear Mr. Vikash
We need not to get any claim letter from the heir of the deceased. We have to calculate and deposit the amount through a Demand Draft drawn in favour of Workmen Compensation Commissioner (Normally Labour Commissioner will be acting as Workmen Compensation Commissioner) alongwith the details of Family Members and their Address and not to the DC or DM. (Details of Family Members and Legal Heir certificate and Address Proof, Bank Account Details (First Page xerox), Death Certificate and other details must be provided by the Claimant while claiming with Workmen Compensation Commissioner or through labour court.
Thanks for giving your views.
From India, Kumbakonam
We need not to get any claim letter from the heir of the deceased. We have to calculate and deposit the amount through a Demand Draft drawn in favour of Workmen Compensation Commissioner (Normally Labour Commissioner will be acting as Workmen Compensation Commissioner) alongwith the details of Family Members and their Address and not to the DC or DM. (Details of Family Members and Legal Heir certificate and Address Proof, Bank Account Details (First Page xerox), Death Certificate and other details must be provided by the Claimant while claiming with Workmen Compensation Commissioner or through labour court.
Thanks for giving your views.
From India, Kumbakonam
Bhaskar,
this cumbersome process is not only in Guj but in some other states also. In Haryana, where I was working recently, similar procedural hassles were noticed.
Yeah, in Federal structure there are different set of rules. Only Union Govt should intervene to rationalise.
Pon
From India, Lucknow
this cumbersome process is not only in Guj but in some other states also. In Haryana, where I was working recently, similar procedural hassles were noticed.
Yeah, in Federal structure there are different set of rules. Only Union Govt should intervene to rationalise.
Pon
From India, Lucknow
Dear Mr. Bhaskar
The answer I got from senior person from ER is as below...
Provisions of various Central Acts are enforced through State Governments for they are empowered to make their own rules based on their local conditions and environment.
In case of establishment/factory like us is registered in Factory Act but before registration under Factories Act, establishment is registered under BOCW Act. I mean to say that registration of one establishment under both the Acts at a time are not required.
License under Contract Labor (R&A) Act and License under Inter State Migration Act are applicable subject to the deployment of contractual workers otherwise not.
From India
The answer I got from senior person from ER is as below...
Provisions of various Central Acts are enforced through State Governments for they are empowered to make their own rules based on their local conditions and environment.
In case of establishment/factory like us is registered in Factory Act but before registration under Factories Act, establishment is registered under BOCW Act. I mean to say that registration of one establishment under both the Acts at a time are not required.
License under Contract Labor (R&A) Act and License under Inter State Migration Act are applicable subject to the deployment of contractual workers otherwise not.
From India
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