SECTION VI

SECTION VI. - Employment Under Government Outside India After Retirement

7.27 (a) If a pensioner to whom this rule applies wishes to accept any employment under a Government outside India he should obtain the previous sanction of competent authority to such acceptance. No pension shall be payable to a pensioner who accepts such an employment without proper permission, in respect of any period for which he is so employed or such longer period as the competent authority may direct :

Provided that a Government employee permitted by the competent authority to take up a particular form of employment under a Government outside India during his leave preparatory to retirement shall not be required to obtain subsequent permission for his continuance in such employment after retirement.

(b) This rule shall apply to every pensioner, who immediately before retirement was a member of the Provincial Service, Class I.

(c) For the purpose of this rule "employment under a Government outside India" shall include employment under a Local authority or Corporation or any other Institution or Organisation which functions under the supervision or control of a Government outside India.

CHAPTER-VIII

Wound and other Extraordinary Pensions

SECTION- 1

Extent Of Application

8.1 Pay for the purposes of this Chapter means pay as defined in rule 2.44 of the Punjab C.S.R., Vol. I (Part I), which a person was drawing on the date of his death or injury : provided that in the case of persons remunerated by piece-work rates, pay means average earnings of the last six months of service ending with the date of his death or injury.

Note 1. - Article 320 of the Constitution of India provides that the Public Service Commission should be consulted on claims for the award of injury pensions and as to the amount of such awards. It is, therefore, necessary to consult the Commission on every claim by or in respect of a person, who is or was under the rule making control of the Punjab Government for the award of a pension or gratuity under the rules in this Chapter. The following supplementary instructions should be observed when the Punjab Public Service Commission is consulted in respect to claims for the award of injury pension :-

(i) the Commission should be consulted after the departments concerned have expressed their views on a case;

(ii) the point of reference to the Commission should inter alia be, whether in their opinion the award of any pension, gratuity, etc., is admissible, and, if so, the amount thereof;

(iii) any such reference to the Commission should be in the form of an official letter with which the relevant papers should be forwarded and except as stated in Note 2 below, the convention regarding the acceptance of the advice of the Commission should apply in these cases.

Note 2. -All cases of ex-gratia awards of extraordinary pension shall be referred to the Punjab Public Service Commission. If the Commission considers that a claim is covered by rules and recommend an award it will be open to the competent authority to examine the position before accepting the recommendation. If the competent authorities are satisfied that the case is covered by the rules, it will accept the Commission's recommendations as to the amount of the award. In cases when the Commission are satisfied that the award is admissible under the rules, but would recommend as ex-gratia payment, they will not make any recommendation about the amount of payment. The competent authority will in that case retain discretion after giving all due weight to the Commission's recommendations whether or not to make any ex gratia payment and to determine the amount of such payment.

SECTION 2

General

8.2 to 8.24. Omitted.

8.25 The rules in this section shall apply to all persons paid from Civil estimates, other than those to whom the Workmen's Compensation Act, 1923 (VIII of 1923), applies whether their appointment is permanent or temporary, on time scale of pay or fixed pay of piece-work rates.

Note . -No ward shall be made under these rules in respect of Civilian Officer who is deputed on foreign service under United Nations bodies on or after 1^st January, 1958, and who is allowed to join the United Nations Joint Staff Pension Fund as an "Associate Member".

8.26 For the purposes of the rules in this Section 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 course of service ;

(2) "date of injury" 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 competent authority 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 competent authority with due regard to the opinion of the Medical Board;

(3) "disease" means --

(i) venereal disease or septicemia where such disease or septicemia is contracted by a 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 his being ordered on duty to 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) "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 to this section.

(5) "Pay" means the pay as defined in rule 2.44 in Volume I of these 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 rate, "pay" means the average earnings of the last six months of service ending with the date of his death or injury.

(6) "risk of office" means any risk, not being a special risk, or accident or disease to which a Government employee is exposed in the course of and as a consequence of his duties, but nothing shall be deemed to be a 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 nature, condition, obligations or incidents of Government service;

A reference is invited to the subject noted above and to say that the matter regarding the revision of procedure and rates for the grant of Extraordinary Pension/ awards as laid down in Chapter VIII of Punjab Civil Services Rules, Volume II has been considered by the Government in the light of the recommendations of the Third Punjab Pay Commission. The President of India is pleased to revise the various provisions relating to the grant of benefits / awards under the extraordinary pension Rules are as follows:-

(7) The salient features of revised extra-ordinary pension rules with effect from 1.1.86 are as under:-

(i) the existing classification of 'Risk of Office' and 'Special Risks' and determination of the quantum of award on this basis is abolished. The basic criteria under these rules shall be whether death or disability is attributable to service or aggravated by service. The existing classification of injuries has been abolished and the disabilities as mentioned in the Workmen's Compensation Act shall be taken into account and the same have been explained in the Annexure.

(ii) Instead of sanctioning separate family pensions under the extraordinary pension rules, to widow/ widower, children pension, one consolidated pension to the senior most beneficiary at a time on the basis of normal family pension rules (rule 6.17 of Punjab C.S.R. Vol.II) shall be granted. The rates of consolidated family pension under these rules inclusive of the element of children pension/ children education allowance shall be as follows irrespective of the service rendered by the deceased :--

(A) Where the deceased Government employee does not hold a pensionable post :-

Pay in the revised scale	Rate of Family Pension
Upto 1500/-	48% of pay subject to a minimum of Rs.375/-
From Rs.1501 to Rs.3000/-	30% of pay subject to a minimum of Rs.600/-
Above Rs.3000/-	20% of pay subject to a minimum of Rs.900/- p.m. and maximum of Rs.1500/- p,m.

(B) Where the deceased Government employee holds a pensionable post :-

Pay in the revised scales	Rate of Family Pension
Upto Rs.1500/-	60% of pay subject to a minimum of Rs.750/-
From Rs.1501/- to Rs.3000/-	40% of pay subject to a minimum of Rs.900/-
Above Rs.3000/-	30% of pay subject to a minimum of Rs.1200/- and a maximum of Rs.2500/-.

(iii) The procedure for payment of family pension under these rules to the members of the families of the deceased shall be the same as is in vogue in the case of normal family pension under rule 6.17 of Punjab CSR Vol. II. Where the deceased has left neither widow nor child, total pension at one-half rate of the pension admissible to the family of the deceased shall be paid to the dependent parents, sisters and brothers jointly or individually on production of a certificate of dependence issued by the Deputy Commissioner concerned.

(iv) If the disability due to cause attributable to service is 60% and above, and the employee is permanently incapacitated, he may be given the option to have his pension determined in the manner provided in either of the following two alternatives :--

Pay in the revised scales	Rate of Family Pension
(i) Upto Rs.1500/-	60% of pay subject to a minimum of Rs.750/-
(ii) From Rs.1501/- to Rs.3000/-	40% of pay subject to a minimum of Rs.900/-
(iii) Above Rs.3000/-.	30% of pay subject to a minimum of Rs.1200/- and a maximum of Rs.2500/-.

Invalid pension under normal rules, (Rule 5.11 of Pb. CSR Vol. II) and in addition one time compensation of Rs.20,000/- for the injury.

Where an employee with a disability of 60% and above is retained in service, he should only be paid one time compensation of Rs.20,000/- for the disability. However, he shall be entitled to usual pensionary benefits under the normal rules.

(v) If the disability due to cause attributable to service is 60% one time compensation shall be granted at the following rates, which shall be in addition to usual pensionary benefits admissible under the rules :-

(a) Where disability is between 20% to 40% the amount of compensation shall be Rs. 5000/-.

(b) Where disability is above 40% and below 60% the amount of compensation shall be Rs. 10,000/-.

(vi) The rate of family pension to the dependents of private individuals, under the extraordinary pension rules, in the case of death and disability pension for a disability of 60% and above shall be Rs. 375/- p.m. If the disability caused to a private individual is between 20% to 40% one time compensation of Rs. 5000/- and for the disability above 40% but below 60% one time compensation of Rs. 10,000/- shall be paid. The provisions under the Workman's Compensation Act, as adopted in the annexure, shall form the basis for determining the percentage of disability caused to a private individual.

(vii) The rates of Special family pension to the family of Government employee who, while performing his duties, dies as a result of attack by or during action against extremists, dacoits, smugglers and anti-social elements etc. shall be as under:-

(i) From the day following the date of death to the notional date of superannuation.	Last pay drawn by the deceased employee at the time of his / her death
(ii) From beyond the notional date of superannuation.
Pay of the Govt. Employee		Rate of Special Family Pension
(a) Upto Rs.1500/-		60% of pay subject to a minimum of Rs.750/-
(b) From Rs.1501/- to Rs.3000/-.		40% of pay subject to a minimum of Rs.900/-
(c) Above Rs.3000/-.		30% of pay subject to a minimum of Rs.1200/- and a maximum of Rs.2500/-.

(viii) Where a pensioner is killed by extremists or anti-social elements etc., as a retaliation for some action taken by him against such extremists or anti-social elements etc., in the performance of his duty while in service, his family shall be granted special ex-gratia grant and special family pension at the same rates as are applicable to the Government employees. The pay drawn by him at the time of retirement shall be reckoned for this purpose.

The Deputy Commissioner at the district where death has occurred shall certify that he has been killed by extremists or anti-social elements by way of retaliation.

(ix) If a close relation of a Government employee or a pensioner i.e. wife/ husband, son, daughter, brother, sister, father or mother is killed/ disabled by extremists or anti-social elements etc., as a retaliation for any action taken by Government employee or pensioner in the performance of his duties while in service, the family of the deceased and in case disability is 60% and above, if he is not a State Government employee shall be granted family pension at one and a half times the rates applicable to private individuals mentioned in (vi) above. The Deputy Commissioner concerned of the district where death has taken place will certify that death has been caused by extremists or anti-social elements as a retaliation.

3. These orders take effect from 1^st January, 1986.

4. Action in the matter may be taken according to the above mentioned decisions of the Government and the extraordinary pensions of the concerned persons may be fixed/ re-fixed in consultation with the Accountant-General, Punjab.

5. The relevant provisions of Punjab C.S.R. Volume-II shall be deemed to have been modified to this extent. Formal amendment to the relevant rules shall be made in due course.

(No.1/15/89-1FPIII/1261, dated, Chandigarh, the 13^th February, 1990)

8.27 (i) Notwithstanding anything contained in these rules the degree of default or contributory negligence on the part of a Government employee may be taken into consideration in making an award under these rules in favour of such Government employee, but, shall not be taken into account where such award is made in favour of the family of such Government employee.

(ii) No award shall be made under these rules except with the sanction of the competent authority.

8.28. Except as otherwise provided, an award made under these rules in this Section, shall not affect any other pension or gratuity for which the Government employee concerned or his family may be eligible under any other rules for the time being in force ; and the pension granted under the provisions of these rules shall not be taken into account in fixing the pay of pensioner on his continued employment or re-employment in Government service.

8.29. No award shall be made in respect of --

(i) an injury sustained more than five years before the date of application ; or

(ii) death which occurred more than seven years (a) after the injury due to violence or accident was sustained, or (b) after the Government employee was medically reported as unfit for duty on account of the disease of which he died.

8.30. All awards under these rules shall be made in India in rupees.

8.31. For the purpose of these rules injuries shall be classified as follows :-

Class A. - Injuries caused as a result of special risk of office which have resulted in the permanent loss of an eye or a limb or are of a more serious nature.

Class B. - Injuries caused as a result of special risk of office and equivalent, in respect of the degree of disablement which they cause to the loss of a limb or are very severe; or injuries caused as a result of risk of office which have resulted in the permanent loss of an eye or a limb, or are of more serious nature.

Class C. - Injuries caused as a result of special risk of office which are severe, but not very severe, and likely to be permanent or injuries caused as a result of risk of office which are equivalent, in respect of the degree of disablement which they cause, to the loss of a limb or which are very severe or severe and likely to be permanent.

Example. - A rifleman was required by his Commanding Officer to cut down branches for fuel and had to climb a tree to reach branches. He fell down and was injured. He was exposed to greater risk by nature of the duties he was asked to do. The injury falls under clause (c) of this rule. Therefore under the provisions of rule 8.32 (3) read with clause 2(1) and 4(1) of that rule the rifleman is entitled to injury pension with effect from the date of injury.

8.32. (1) If a Government employee sustains an injury which falls within a Class A of rule 8.31, he shall be awarded -

(a) a gratuity of the applicable amount specified in Schedule II to this Section ; and

(b) with effect from the date following the expiry of one year from the date of the injury --

(i) if the injury has resulted in the permanent loss of more than one limb or one eye, a permanent pension of the applicable amount specified in Schedule II for a higher scale pension : and

(ii) in other cases, a permanent pension the amount of which shall not exceed the applicable amount specified in Schedule II for a higher scale pension and shall not be less than half that amount.

(2) If a Government employee sustains an injury which falls within Class B of rule 8.31, he shall be awarded --

(i) if the injury has resulted in the permanent loss of an eye or a limb or is of more serious nature, a permanent pension, with effect from the date of the injury of an amount which shall not exceed the applicable amount specified in Schedule II for a lower scale pension and shall not be less than half that amount ;

(ii) in other cases --

(a) for a period of one year with effect from the date of the injury a temporary pension the amount of which shall not exceed the applicable amount specified in Schedule II for a lower scale pension and shall not be less than half that amount ; and thereafter

(b) pension within the limit specified in sub-clause (a) if the Medical Board from year to year certifies that the injury continues to be very severe.

(3) If a Government employee sustains an injury which falls within Class C of rule 8.31, he shall be awarded a gratuity of the applicable amount specified in Schedule II, if the Medical Board certifies that the Government employee is likely to be unfit for service for a year, or a proportionate amount subject to a minimum of one quarter of the amount so specified if he is certified to be likely to be unfit for less than a year :

Provided that in cases where the injury is equivalent in respect of the degree of disablement which it causes to the loss of a limb the competent authority may award, if it thinks fit, in lieu of the gratuity a pension not exceeding the amount admissible under sub-clause (ii) of clause (2) of this rule.

(4) A temporary pension awarded under this rule may be converted into a permanent injury pension --

(i) when a Government employee is invalided out of the service on account of the injury in respect of which the temporary pension was awarded ; or

(ii) when the temporary pension has been drawn for not less than five years ; or

(iii) at any time, if the Medical Board certifies that it sees no reason to believe that there will ever be perceptible decrease in the degree of disablement.

8.33. Subject to the provision contained in Note 2 below rule 8.34(2) award shall be made to the widow and children of a Government employee as follows:--

(i) if a Government employee is killed or dies of injury received as a result of special risk of office --

(a) a gratuity of the applicable amount specified in Schedule II to this Section ; and

(b) a pension the amount of which shall not exceed the applicable amount specified in Schedule III;

(ii) If the Government employee is killed or dies of injuries received as a result of risk of office a pension the amount of which shall not exceed the applicable amount specified in Schedule III.

Note 1. - The amount of pension is fixed separately for each member of a Government employee's family. If one member ceases to be entitled to it by any subsequent event, for example, marriage, etc., the pensions of the other members are not affected. In other words the provision to this rule comes into operation only at the time of announcing the compensation of the amount of pension and can not be revived again to bring the total amount to the maximum limits.

Note 2. - If Government employee dies leaving behind two or more widows the pension or gratuity admissible under this rule to the widow shall be divided equally among all the widows.

Note 3. - If a Government employee who dies as a result of special risk of office does not leave behind a widow eligible for pension under these rules, his children shall be granted the same amount of gratuity in equal shares as would have been admissible to the widow if she were alive.

8.34. (1) If the deceased Government employee has left neither a widow nor a child, an award may be made to his father and his mother individually or jointly and in the absence of the father and the mother, to minor brothers and sisters, individually or collectively, if they were largely dependent on the Government employee for support and are in pecuniary need :

Provided that the total amount of the awards shall not exceed one-half of the pension that would have been admissible to widow under rule 8.33 :

Provided further that each minor brother's and sister's share shall not exceed the amount of pension specified in Schedule III for a 'child' who is not motherless.

(2) Any award made under clause (1) of this rule will, in the event of an improvement in the pecuniary circumstances of the pensioner, be subject to review in such manner as the competent authority may by order prescribe.

Note 1. - In sanctioning pensions to parents of deceased Government employees the sanctioning authorities should attach the following conditions :-

(i) that the award is subject to review should the pecuniary circumstances of the pensioner change, and

(ii) that any such change of circumstances is to be promptly reported by the pensioner to the sanctioning authority.

Note 2. - If any of the widows, children, father, mother or minor brothers or sisters is denied any share in the property of the Government employee under, a will or deed made by him, such a person shall be ineligible to receive any award under rules and the benefit will pass on to the next person eligible.

8.35. (1) A family pension will ordinarily be tenable --

(a) (i) in the case of widow or mother until death or re-marriage whichever occurs earlier ;

(ii) in the case of a minor son, or minor brother, until he attains the age of 18;

(iii) in the case of an unmarried daughter or minor sister, until marriage or until she attains the age of 21 ; whichever occurs earlier ;

(iv) in the case of a father, for life.

(b) Not withstanding anything contained in sub-clause --

(a) a widow who remarries her deceased husband's brother and continues to live a communal life with or contributes to the support of other dependants of her deceased husband shall not be disqualified for the grant of extraordinary pension otherwise admissible to her under these rules.

Note 1. - A family pension granted to a posthumous child should commence from the date of his/ her birth and not from the date of death of his/ her father.

Note 2. - The family pension of a widow will cease on re-marriage but when such re-marriage is annulled by divorce, desertion or death of the second husband her pension may be restored upon proof that she is in necessitous circumstances and otherwise deserving.

8.36. (1) In respect of matter of procedure, all awards under the rules in this section are subject to the procedure rules relating to ordinary pensions for the time being in force to the extent that such procedure rules are applicable and are not inconsistent with these rules.

(2) When a claim for any injury pension or gratuity or family pension arises, the head of the office or of the department, in which the injured or the deceased Government employee was employed, will forward the claim through the usual channel to the Government with the following documents :-

(i) A full statement of circumstances in which the injury was received, the disease was contracted or the death occurred.

(ii) The application for injury pension or gratuity in Form Pen.6 or, as the case may be, the application for family pension in Form Pen.7.

(iii) In the case of an injured Government employee or one who has contracted a disease a medical report in Form Pen.8, In case of a deceased Government employee a medical report as to the death or reliable evidence as to the actual occurrence of death if the Government employee lost his life in such circumstances that a medical report can not be secured.

(iv) A report of the Accountant-General as to whether an award is admissible under the rules, and if so, of what amount.

(v) Where the Government are satisfied on the evidence placed before them by a Government employee in respect of whom a medical report for the purpose of grant of injury or other extraordinary pension has been received by them of the possibility of an error of judgment in the decision of the Medical Board which examined him, the Government may direct a second Medical Board consisting of members other than those who constituted the first Medical Board to examine the officer and submit a report to the Government in the matter ; pension shall be granted to the officer in accordance with the decision of the second Medical Board.

8.37. Subject to such conditions as it may think fit to impose, a competent authority may grant to a Government employee who has been severely injured or has contracted a serious disease in the execution of public duty, or to the family of the Government employee who has died from the effects of such injury or disease, an extraordinary pension which will not, save in most exceptional circumstances, exceed Rs.25 a month, or a gratuity not exceeding the equivalent of that amount or Rs.1,000 whichever may be greater.

Note . - A gratuity or pension may be granted under this rule to a village watchman or his family event though he receives no pay from Government.

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