Section 116 in Rajasthan Civil Services (Pension) Rules, 1996
116. Definition.
- For the purpose of the Rules contained in this Chapter unless there is anything repugnant in the subject or context,(1)"accident" means -(i)a sudden and unavoidable mishap, or(ii)a mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service.(2)"date of injury" means-(i)in the case of violence or injury the actual date on which the injury is suffered or such date not later than the date of the report of the Medical Board, as the Government may fix; and(ii)in the case of disease, the date on which the Medical Board reports or such earlier date as may be fixed by Government with due regard to opinion of the Medical Board;(3)"injury" means-an injury as is mentioned in Schedule I hereto annexed. Permanent Total Disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II of that Schedule where the aggregate percentage of loss of earning capacity (percentage of disability) amounts to cent per cent or more. Every injury specified in Part II of Schedule I shall be made to result in Permanent Partial Disablement.(4)"disease" means - a disease as is mentioned in Schedule I-A hereto annexed.(5)"Pay" means the pay as defined in Rule 7 (24) of the Rajasthan Service Rules, which a person was drawing on the date of his death or injury:Provided that in the case of a person remunerated by piece work rates, pay means the average earnings of the last six months ending with the date of his death or injury;(6)"violence" means the act of a person who inflicts an injury on a Government servant -(i)by assaulting or resisting him in the discharge of his duties, or in order to deter or prevent him from performing his duties, or(ii)because of anything done or attempted to be done by such Government servant or by any other public servant in the lawful discharge of his duty as such, or(iii)because of his official position.
