Section 3 in The M.P. Civil Services (Extraordinary Pension) Rules, 1963
3.
For the purpose of these rules, 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 act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service.(2)"date of enquiry" means-(i)in the case of accident or violence, the actual date on which the injury is suffered or such date, not being later than the date of the report of the Medical Board, as the State 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 the State Government with due regard to the opinion of the Medical Board;(3)"disease" means-(i)Venereal disease or septicaemia where such disease or septicaemia is contracted by medical officer as a result of attendance in the course of his official duty on an infected patient or of conducting a post-mortem examination in the course of that duty; or(ii)disease solely and directly attributable to an accident, or(iii)an epidemic disease contracted by an officer in consequence of the due performance of his duties connected with the epidemic in an area in which such disease is prevalent, or in consequence of his attending voluntarily, out of humanitarian motives, upon any patient suffering from any such disease in any area where he happens to be in the performance of his duties.(4)"family" means-(a)wife, in the case of a male Government servant;(b)husband, in the case of a female Government servant;(c)sons and unmarried daughters;(d)widowed daughter;(e)brothers;(f)unmarried or widowed sisters;(g)father; and(h)mother ;Provided that the persons mentioned in items (d) to (h) shall not be deemed to be included in the family, unless they were largely dependent on the Government servant.Note - Family includes posthumous children if, born alive, but not step-sons, step-daughters, step-brothers, step-sisters, step-mother and step-father.(5)"injury" means bodily injury resulting from violence, accident or disease assessed by a medical board as being not less than severe.Note. - Examples of injuries of certain categories are given in Schedule I.(6)"pay" means the pay as defined in Rule 9 (24) of the Fundamental 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 :Provided further that in the case of a non-gazetted police official injured or killed as a result of injury received in encounters with dacoits or in the discharge of equally hazardous duties, pay shall include dearness allowance also.(7)"risk of office" means any risk, not being a special risk of accident or disease to which a Government servant is exposed in the course of and as a consequence of his duties, but nothing shall be deemed to be risk of office which is a risk common to human existence in modern conditions in India, unless such risk is definitely enhanced in kind or degree by the natural conditions, obligations or incidents of Government service.[Note. - The term "risk of office" shall include the risk of death or injury to which a Government servant is exposed when he attends on a working day or is required to attend on a holiday the place of his employment for the performance of his duties during any riot or civil commotion in the town, city or village concerned, including sub-urban areas contiguous thereto, and while proceeding from his residence to the place of his employment or vice-versa, becomes a victim of the said riot or civil commotion.] [Inserted by Notification No. 865-IV-R-II, dated 24-4-1964](8)"special risk" means-(i)a risk of suffering injury by violence;(ii)a risk of injury by accident to which Government servant is exposed in the course of, and as a consequence of the performance of any particular duty which has the effect of materially increasing his liability to such injury beyond the normal risk of his office;(iii)a risk of contracting disease to which medical officer is exposed as a result of attending in the: course of his official duty to a venereal or septicaemic patient or conducting a post-mortem examination in pursuance of that duty.(9)"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.
