KARNATAKA CIVIL SERVICES (EXTRAORDINARY PENSION) RULES, 1980

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Karnataka hereby makes the following rules, namely.

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Civil Services (Extraordinary Pension) Rules, 1980.

(2)     The rules herein contained shall apply in respect of injury or death sustained by a Government servant on or after 1st April, 1980, in the circumstances specified in these rules. Cases of disability/family pension or gratuity already decided in accordance with the corresponding rules in force prior to coming into force of these rules and the quantum thereof shall be refixed with effect from 1st April, 1980 without any claim for arrears for the period preceding 1st April, 1980.

(3)     Notwithstanding anything contained in sub-rule (2), these rules shall not apply to.

(i)       persons mentioned in sub-rule (2) of Rule 2 of the Karnataka Civil Services Rules;

(ii)      persons to whom the Workmen's Compensation Act, 1923 (VIII of 1923) applies;

(iii)     hereditary village officers;

(iv)    persons to whom the Hyderabad Village Officers (Pension) Rules, 1951, are applicable; and

(v)      persons serving in an honorary capacity or on a part-time basis not entitled to ordinary pensions.

Note. These rules shall also not apply to disability/death occasioned while travelling by Air, covered under Group Aviation Personal Accident Insurance Policy (vide sub-rule (5) of Rule 487 of the Karnataka Civil Services Rules).

Rule - 2.

In these rules unless the context otherwise requires.

(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 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 Government may fix;

(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 deemed to result in Permanent Partial Disablement.

[1][(4) "Pay" means the basic pay of the Government servant in the scale of pay applicable to the post held by him on the date of the injury or death and shall also include;

(a)      Stagnation increment, if any, grated above the maximum of the scale of pay;

(b)      Personal pay, if any, granted under sub-rule (3) of Rule 7 of the Karnataka Civil Services (Revised Pay) Rules, 1999;]

(5) "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 in the lawful discharge of his duty as such; or

(iii)     because of his official position.

(6) "Medical Board" means.

(a)      a standing Medical Board constituted by Government; or

(b)      a special Medical Board which may be constituted by Government to deal with any particular case or class of cases.

Rule - 3.

(1)     (a) Disablement shall be accepted as due to Government service provided that it is certified that it is due to an injury, which (i) is attributable to Government service, or (ii) existed before or arose during Government service and has been and remains aggravated thereby.

(b) Death shall be accepted as due to Government service provided it is certified that it was due to or hastened by (i) an injury which was attributable to Government service, or (ii) the aggravation by Government service of an injury which existed before or arose during Government service.

(2)     There shall be casual connection between.

(a)      disablement and' Government service; and

(b)      death and Government service, for attributability or aggravation to be conceded.

Rule - 4.

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

(ii)      No award under this rule shall be made except with the sanction of the State Government.

Rule - 5.

Except as otherwise provided in these rules, an award made under these rules shall not affect any other pension or gratuity for which the Government servant 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 the pensioner on his continued employment or reemployment in Government service.

Rule - 6.

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 after the injury due to violence or accident was sustained.

Rule - 7.

The percentage of disability due to an injury or injuries shall be as specified in Schedule I hereto annexed, or failing that, as certified by the Medical Board. '

Rule - 8.

(1)     When disablement of a Government servant is conceded as due to Government service in terms of Rule 3, he shall be awarded disability pension and lumpsum compensation in accordance with the provisions of sub-rules (2) to (4) hereunder, with reference to the percentage of disability suffered by him, as certified by the Medical Board.

(2)     If a Government servant is boarded out of service on account of such disablement and the percentage of his permanent disability, as certified by the Medical Board, is not less than 60 per cent, he shall be entitled to.

(a)      a disability pension equal to 75 per cent of the pay drawn by him as on the date of such disablement; and

(b)      a lumpsum compensation equal to Rs. 5,000.00. Grant of aforesaid benefits to a Government servant shall disentitle him to any pension admissible to him under the Pension Rules applicable to him, but shall not affect his claim for death-cum-retirement gratuity admissible under the said Pension rules.

(3)     If a Government servant is boarded out of Government service on account of such disablement and the percentage of his permanent disability, as certified by the Medical Board, is less than 60 per cent, he shall be entitled to.

(a)      a disability pension as specified in Schedule II hereto annexed or the pension/service gratuity admissible to him under the Pension Rules applicable to him, whichever is more advantageous to him; and

(b)      a lumpsum compensation equal to four times the pay drawn by him as on the date of such disablement, subject to a minimum of Rs. 1,000 and maximum of Rs. 5,000.

Grant of aforesaid benefits to a Government servant shall disentitle him to any pension admissible to him under the Pension Rules applicable to him, but shall not affect his claim for death-cum-retirement gratuity admissible under the said Pension Rules.

(4)     If a Government servant is retained in service in spite of such disablement, he shall be paid a lumpsum compensation equal to four times the pay drawn by him as on the date of such disablement, subject to a minimum of Rs. 1,000 and maximum of Rs. 5,000. Such compensation shall not affect his claim to pay/leave salary and allowances or pension/DCRG on retirement.

Rule - 9.

(1)     When death of a Government servant is conceded as due to Government service in terms of Rule 3, the family of the Government servant as defined in Rule 7 of the Karnataka Government Servants (Family Pension) Rules, 1964 shall be awarded an extraordinary family pension equal to 75 per cent of his pay as on the date of such death, in accordance with the provisions of Rule 8 of the said rules. Grant of this extraordinary family pension shall disentitle the family of the Government servant to any other family pension admissible to it under the Pension Rules applicable to the Government servant.

[2][(2) In addition to the extraordinary family pension under sub-rule (1) above, a lumpsum compensation equivalent to the salary of twelve months shall be sanctioned to the member or members of the family of the deceased Government servant entitled to receive gratuity under sub-rule (ii) of Rule 292 of the Karnataka Civil Services Rules. This shall not affect the claim of the family to any other death-cum-retirement gratuity admissible under the pension rules applicable to the Government servant. The term 'Salary' for the purpose of lumpsum compensation means.

(a)      Basic Pay which a Government servant is entitled to receive on the date immediately preceding the date of his death inclusive of any additional increment or stagnation increment granted to him above the maximum of the scale of pay applicable to the post held by him; and

(b)      [3][x x x x x] Dearness Allowance, House Rent Allowance and City Compensatory Allowance admissible on the basic pay.]

(3)   If the deceased Government servant has left neither a widow nor a child the extraordinary family pension mentioned in sub-rule (1) may be sanctioned to his father or his mother individually or jointly and in the absence of the father or the mother, to his minor brothers below the age of 18 years or minor unmarried sisters below the age of 21 years individually or collectively, if they were largely dependent on the Government servant for support and are in pecuniary need:

Provided that the total amount of the pension shall not exceed one-half of the pension that would have been admissible to the widow.

(4)   Any award made under sub-rule (3) 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 State Government may by order prescribe.

(5)   If the widower or any of the widows, children, father, mother or brothers or sisters is denied any share in the property of the Government servant under a Will or Deed made by him, such a person shall be ineligible to receive any pension or gratuity under these rules and the benefit will pass on to the next person eligible.

Rule - 10.

(1)     An extraordinary family pension will take effect from the day following the date of death of the Government servant or from such other date as the State Government may decide.

(2)     An extraordinary family pension will ordinarily be tenable.

(i)       in the case of a widower until death or remarriage, whichever occurs earlier;

(ii)      in the case of a widow or mother until death or remarriage whichever occurs earlier;

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

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

(v)      in the case of a father or mother, until death or remarriage, whichever occurs earlier.

Rule - 11.

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

(2)     When a claim for any disability pension or compensation or family pension arises, the head of the office or of the Department in which the injured, or the deceased Government servant was employed will forward the claim through the usual channel to the State Government with the following documents.

(i)       A full statement of circumstances in which the injury was received or the death occurred;

(ii)      The application for disability pension or compensation in Form A or as the case may be, the application or extraordinary family pension in Form B;

(iii)     In the case of an injured Government servant a medical report in Form C;

(iv)    In the case of a deceased Government servant a medical report as to the death of reliable evidence as to the actual occurrence of death, if the Government servant lost his life in such circumstances that a medical report cannot be secured;

(v)      A report of the Audit Officer concerned as to whether an award is admissible under the rules and if so, of what amount.

(3)     Where the Government are satisfied on the evidence placed before them by a Government servant in respect of whom a Medical Report for the purpose of grant of disability pension or compensation 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 Government servant and submit a report to the Government in the matter. Pension shall be granted to the Government servant in accordance with the decision of the Second Medical Board.

Rule - 12.

Government may by order.

(i)       empower any authority to sanction awards under these rules; and

(ii)      issue instructions to remove or resolve any doubt or difficulty that may be encountered in the application of these rules; and

(iii)     relax or dispense with the provisions of any of these rules, including procedural requirements, if any, to such extent and subject to such conditions as may be deemed necessary and expedient to deal with any case in a just and equitable manner and to ensure that the benefits contemplated under these rules reach the beneficiaries well in time.

Rule - 13.

The rules contained in Chapter XXIV under Part V of the Karnataka Civil Services Rules are hereby repealed.

SCHEDULE I

Note. Complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be the equivalent of the loss of that limb or member.

[4][SCHEDULE II

For lower percentage of disability, the monthly pension shall be proportionately lower.]