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State of Rajasthan - Section

Section 75 in Rajasthan Civil Services (Pension) Rules, 1996

75. Ex-gratia grant to the family of a Government servant who dies while on duty in certain circumstances.

(1)Subject to the provisions of this Chapter except as otherwise provided, an "ex-gratia grant" shall be admissible under sub rule (2) to the family of a Government servant who dies while on duty in one of the following circumstances :
(a)outside his normal headquarter,
(b)in an accident,
(c)due to injury intentionally inflicted or caused in consequence of the due performance of his official duties,
(d)due to injury intentionally inflicted or caused in consequence of his official position, and
(e)by violence attributable to causes relative to his service,
(f)while on duty, at own headquarter or outside headquarter, in connection with special assignments like "Election duty", "Census work" and/or such other assignments which do not fall within normal duties of the post held.
(2)[ (a) The amount of ex-gratia grant, when the Government servant dies under the circumstance mentioned in clause (a) of sub rule (1) shall be as follows: -
  Emoluments of Government servant Amount of ex-gratia grant
(i) Upto Rs.4500/- Rs.12,500/-
(ii) Above Rs.4500/- but below Rs. 9000/- Rs.20,000/-
(iii) Rs. 9000/- and above Rs.25,000/-]
[The existing sub-rule (2) substituted vide FD Notification No.F.15(7)FD(Rules)/98 dated 3.6.1998 w.e.f. 1.1.1997.]
(b)[ The amount of ex-gratia grant, when the Government servant dies under any of the circumstances mentioned in clause (b) to (f) of sub-rule (1) shall be Rs. 20 lakhs: [Substituted by Rajasthan Notification No. G.S.R. 49, dated 20.7.2011 (w.e.f. 18.9.1996).]
Provided that families of deceased Government servants, who are also granted relief from sundry Government sources, such as, the Prime Minister’s Relief Fund, Chief Minister’s Relief Fund, etc., in such cases, it should be ensured that the aggregate of the relief/ ex-gratia grant paid from different sources does not exceed Rs. 20 lakhs in each individual case.]
(3)The amount of ex-gratia grant under sub rule (2) shall be granted by the Head of Department to the member of the family who has been granted family pension under these rules after satisfying the following conditions :
(i)It is clearly established on record and certified in the sanction that the death of the Government servant has taken place while on duty and this fact is not subject to any dispute.
(ii)In the case of death in accident while on duty, the death has either taken place on the spot of the accident or during the course of treatment of injuries caused in such an accident prior to being declared fit by the authorised medical attendant for resumption of duty.
Note: Accident means sudden and unavoidable mishap or a mishap due to an act of devotion to duty.
(iii)In the case of death of a Government servant on duty by violence attributable to service, means death as a result of encounter with criminals or in the course of confrontation with mob or crowds of an unlawful assembly during agitation, riot or civil commotion or communal disturbances etc.
(iv)The death of a Government servant in other than the circumstances mentioned in sub rule (1) shall not be treated as death on duty for this purpose.
(4)An application for ex-gratia grant under this rule shall be made by the member of his/her family who is entitled for grant of family pension in Form 17 within a period of one year from the date of death failing which the same shall not be entertained by the Head of the Department.
(5)[ Notwithstanding anything contained in sub-rule (3) and subject to the provisions of sub-rule (4), in the case of death of a Government servant, while on "election duty", the Collector of the District shall also be competent to grant ex-gratia.] [Inserted vide FD Notification No.F.15(7)FD(Rules)/98 dated 19.05.2007.]Government of Rajasthan's Decisions