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State of Rajasthan - Section

Section 76 in Rajasthan Civil Services (Pension) Rules, 1996

76. [ Ex-gratia grant to the family of a Police/Civil Defence & Home Guard personnel who die due to injury intentionally inflicted while on duty by a Terrorist/Militant/Extremist. [Substituted by Rajasthan Notification No. G.S.R. 49, dated 20.7.2011 (w.e.f. 18.9.1996).]

(1)Subject to the provisions of this Chapter, except as otherwise provided, an 'ex-gratia grant' of Rs. 20 lakhs shall be admissible to the family of Police/Civil Defence & Home Gurad personnel of any rank who dies due to injury intentionally inflicted while, on duty by a 'terrorist'. The expression 'Terrorist/Militant/Extremist' shall have meaning as defined in Section 2(l)(h) of the Terrorist and Disruptive Activities (Prevention) Act, 1987. The ex-gratia grant shall be admissible in addition to other death-cum-retirement benefits available under these, rules. However, in a case where ex-gratia is granted under this rule, no ex-gratia shall be admissible under Rule 75: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.]
(2)For the purpose of this rule, injury intentionally inflicted in consequence of official position of the Police/Civil Defence & Home Guard personnel shall be treated as injury intentionally inflicted while on duty.
(3)The amount of ex-gratia grant under sub rule (1) shall be granted by the Secretary to the Government of Rajasthan, Home 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 this Police/Civil Defence & Home Guard Personnel has taken place due to injury intentionally inflicted while on duty and this fact is not subject to any dispute.
(ii)No ex-gratia has been granted under Rule 75.
(4)An application for ex-gratia grant shall be made by the member of his/her family who is entitled for grant of family pension in the prescribed form 17 within a period of one year from the date of death to the Director General of Police/the Director, Civil Defence & Commandant General, Home Guard, as the case may be, failing which the same shall not be entertained.
(5)The provisions of this rule shall also be applicable subject to the conditions laid therein to Forestry Personnel, who dies while on duty in attack by the poachers, and shall be sanctioned by the Secretary to Government, Forest Department, on application made to the Principal Chief Conservator of Forest.Government of Rajasthan' DecisionThe provisions of this rule shall also be applicable to a Volunteer of Civil Defence & Home Guard subject to the conditions laid down in Rule 76, who dies due to injury intentionally inflicted while on duty by a terrorist and the family of such a volunteer shall be granted ex-gratia. The amount of ex-gratia grant shall be drawn by the Director, Civil Defence and Commandant General Home Guards.D - Dearness Relief on Pension/family Pension