Ex-gratia Payment @ Rs. 50,000/- per deceased for Covid-19 Death

Government of West Bengal
Department of Disaster Management & Civil Defence
“NABANNA”, 325 Sarat Chatterjee Road, Howrah – 711102
Phone: 033 – 2214 3526 Fax: 033 – 2214 1378 Email: eoc.dm-wb@gov.in

No. 1995-DMCD/O/II/8P-01/2021 Date: 18/11/2021

From: Special Secretary to the Government of West Bengal

To: 1. The Commissioner, Kolkata Municipal Corporation, 2. The District Magistrate …….. (all)

Subject: Guideline for Ex-gratia Payment @ Rs. 50,000/- per deceased for Covid-19 death

Ref.: NDMA letter no. 33-04/2002 NDM-1 dated 25/09/2021 regarding ex gratia payment to the nearest kin of the deceased due to Covid-19.

Sir/ Madam

The Ministry of Home Affairs, Govt. of India has issued norms for ex gratia payment to the nearest kin of the deceased for Covid-19 death from SDRF and NDMA has issued a detailed guidelines for it.

With reference to those guidelines, kindly find attached the operational guidelines for the immediate payment of ex gratia to the nearest kin of the deceased due to Covid-19.

I am directed to request you to take necessary steps for immediate processing of the ex gratia payment to the deserving cases as per fixed timeline.

Enclosed: i) Guideline ii) Application form in English

Yours faithfully

Special Secretary

Annexure of No. 1995-DMCD/O/II/8P-01/2021 dated 18/11/2021

Government of West Bengal
Department of Disaster Management & Civil Defence
Nabanna, (2nd Floor)
325, Sarat Chatterjee Road, Howrah – 711102

Guidelines for Payment of Ex-gratia @ Rs. 50,000/- per deceased for Covid-19 death.

In compliance to the Hon’ble Supreme Court Judgment dated 30/06/2021 and 04/10/2021 in W.P.(C) No. 539/2021 and W.P.(C) No. 554/2021 respectively and guideline issued vide No. 33-04/2020-NDM-I dated 25th September 2021 by Ministry of Home Affairs (Disaster Management Division), Government of India, for Ex-gratia payment to next of the kin of the Deceased, died due to Covid-19 the following guidelines are hereby issued:

1. Considering the above guidelines, a fresh guideline is issued which is to be followed for the disbursement of ex-gratia to the nearest kin of the deceased due to COVID-19. The Ex-gratia payment to next of kin of the deceased due to COVID-19 may be made @ Rs. 50,000/- (Rupees fifty thousand) only per deceased person, subject to the cause of death being certified as COVID-19 from the fund under SDRF only as per guidelines jointly issued by Ministry of Health & Family Welfare and Indian Council of Medical Research on 3rd September 2021 and the NDMA guidelines dated 11th September 2021 (copy enclosed).

2. This Ex-gratia assistance will be applicable from the date of first Covid-19 case reported in the country and will continue till de-notification of Covid-19 as a disaster or till further orders, whichever is earlier.

3. The District Disaster Management Authority (DDMA)/ District Administration/ Commissioner, Kolkata Municipal Corporation would disburse the Ex-gratia Assistance to the next of kin of the deceased persons. The concerned families will submit their claims through a Form issued by State Authority (Both in English and Bengali copy enclosed) along with specified documents as stated in Sl. No.9 including the death certificate that certifies the cause of death to be COVID-19. The DDMA/ Commissioner, KMC will ensure that the process of claim, verification, sanction and final disbursement of Ex-gratia payment must be settled within 30 days of submission of required document and disbursed through Aadhaar Linked Direct Benefit Transfer procedures.

4. a) As a check and to corroborate claims for Covid -19 deaths, list of death certificates issued and authenticated by CMOH would be forwarded to DDMA and Commissioner, KMC for speedy disposal of ex-gratia claims.

b) The DDMA would cross check the covid death claim and decide on the exgratia. One ACMOH would be designated as Nodal Officer especially for exgratia and his name will be informed to DDMA for coordinating and processing of exgratia claims.

c) The Health Department will instruct all CMOHs to forward list of COVID death to all DMs and Commissioner KMC immediately with a copy to DMCD Department. Health Department would regularly monitor and share daily a list of COVID death with DMs, KMC and DMCD Department for verification of ex-gratia Claims.

d) The DDMA will ensure that no deserving person is deprived of Ex-gratia and no undeserving person is provided ex-gratia.

5. Due publicity in the print and electronic media should be given regarding the process of application for ex-gratia and the authority to whom such application shall be made. The same shall also be advertised in the office buildings of Gram Panchayets, Municipalities, BDOs, SDOs, DMs and Corporations.

6. The District Magistrates will designate one Deputy Magistrate in the districts and Commissioner, KMC will designate one officer in the Corporation area of Kolkata for supervising the claim process of ex-gratia.

7. In case of any grievances with regards to certification of the death or ascertaining of the nearest kin to whom ex-gratia will be paid, a Committee at District Level [named as “Grievance Redressal Committee” (GRC)] will propose necessary remedial measures including issuance of amended Official Document for Covid-19 death after verifying facts in accordance with these guidelines. In case, the decision of the committee is not in favour of the claimant, a clear reason for the same shall be recorded.

The District Level GR Committee in this respect will consist of:-

This Committee will act as “Grievance Redressal Committee”, Commissioner, KMC will form a similar committee for his jurisdiction.

8. The application will be submitted to the BDO in rural areas, to the SDO in Municipal Areas, and to the Commissioner in KMC area both online and offline.

9. The following documents will be submitted with the application form

a) Death Certificate of the deceased person duly certified as Covid-19 death by the concerned officer of the Health Department.

b) EPIC/ Aadhaar Card of the deceased person

c) EPIC/ Aadhaar Card of next of kin of the deceased person

d) Xerox copy of the front page of Bank A/C Passbook or cancelled cheque to be attached with the application.

e) Legal Heir Certificate by concerned authority.

f) Affidavit of Magistrate or Notary Public in support of the relation as next of kin of the deceased.

10. The applications received by SDOs and BDOs will be forwarded to the DDMA and DDMA shall verify the same by concerned CMOH/ACMOH/Deputy CMOH after comparison with district Covid casualty data and sanction the Case. The District Magistrate/ Commissioner, KMC will send requisition of fund to Disaster Management Department who in turn will allot the fund to all Districts and KMC area.

11. Any person if aggrieved with the decision of the DDMA or KMC may appeal to Divisional Commissioner who shall act as ‘Appellate Authority’ in the instant matter.

12. Regarding district wise number of deaths due to Covid-19, the report of the Health & Family Welfare Department, Government of West Bengal may be treated as conclusive.

13. The DDMA/KMC and GRC will be guided by the order of the Hon’ble Supreme Court and guidelines issued by the NDMA from time to time.

Joint Secretary to the Government of West Bengal
Department of Disaster Management & Civil Defence

No. 1995-DMCD dated 18.11.2021, Application Form