1. Short title & commencement.   

These rules may be called the Central Civil Services (Extraordinary Pension) Rules.

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2. Application

  These rules 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 the scale of pay or fixed pay or piece-work rates who are under the rule making control of the Governor-General, and

    who entered or enter service under the Central Government on or after the 1st April, 1937, or

    Who having entered such service before the 1st April, 1937, did not hold a lien or a suspended lien on a permanent post on that date, provided also that nothing contained in these Rules shall apply to Government servants appointed on or after the 1st day of January, 2004

NOTE. - No award shall be made under these rules in respect of a civilian officer who is deputed on foreign service under UN bodies on or after 1st January, 1958 and who is allowed to join the UN Joint Staff Pension Fund as an 'Associate Member'.

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3. Definitions

   For the purpose of these rules unless there is anything repugnant in the subject or context -

  Footnote : * See Decision (1) below these Rules for revised definition of pay with effect from 1-1-1986 as to mean the basic pay in the revised scales promulgated under the CCS (Revised Pay) Rules, 1986, stagnation increment and Non-Practising Allowance.

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3-A. Eligibilty

Clarification. - It will be seen from the new (revised) Forms 'C', 'D' and 'E' that these forms of medical certificates have been so designed that they would indicate whether the entitlement criteria laid down in new Rule 3-A have been satisfied or not, and therefore, normally, no other separate certificates in that behalf may be necessary. It is essential for the Administrative Officer as well as the Audit Office (PAO) concerned to satisfy themselves that the death/disability is, in fact, attributable to or aggravated by the Government service which alone makes an EOP Award admissible and for that purpose, it is essential for both of these authorities to satisfy themselves in that behalf and certify the nexus and causal connection between disablement and Government service or between death and Government service (as the case may be), in any particular case, as laid down in the new Rule 3-A on the basis of the medical and other documents regarding the case. If a Government servant had died in such circumstances and that a medical report could not be secured, even then, the nexus and the casual connection between death and Government service has to be established before conceding acceptance of death due to Government service.

[G.I., M.H.A. (Dept. of Per. & A.R.), O.M. No. F. 23 (9)-E.  V (A)/79, dated the 28th November, 1980.]

(3)    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.

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4. Authority   

No award shall be made under these rules except with the sanction of the President.

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5. Award independent of pension or gratuity which govt servant

    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 pensioner in his continued employment or re-employment in Government service.   

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6. Time limit for award

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7  Mode of Payment

   All awards under these rules shall be made in India in rupees unless the payee resides permanently, and desires payment to be made, in a country in which the rupee is not legal tender. In the latter case the amount of the award shall be paid in sterling at the exchange rate 1s 6d to the rupee.

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8.   Percentage of loss of earning capacity due to various injuries which results disablement

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10. Family pension for widows/children of the Awardees

    When death of a Government servant is conceded as due to Government service in terms of Rule 3-A, his widow and children shall be awarded pensionary benefits in accordance with SCHEDULE III hereto annexed.

NOTE. - If a Government servant dies leaving behind two or more widows, the pension admissible, under this rule to the widow shall be divided equally among all the widows.

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11. Award for dependant Father/Mother when widow/child is not alive

    (1)    If the deceased Government servant 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 servant 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 the widow under Rule 10 ;

    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 sub-rule (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 President may be order prescribe.

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

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12. Family Pension/disability under EOP rules

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

* - The age-limit fixed uniformly at 25 years for grant of family pension to both sons and unmarried daughters, under the CCS (Pension) Rules, 1972 [ Rule 54 (6) ] should equally apply to CCS (EOP) Rules also. Amendment to CCS (EOP) Rules awaited.

NOTE. - 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.

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12-A  Family pension in case of remarriage of widow

    Notwithstanding anything contained in clause (i) of sub-rule (2) of Rule 12, a widow of an employee who re-marries her deceased husband's brother and continues to live a communal life with, or contributes to the support of the other dependants of the deceased shall not be disqualified for the grant of extraordinary pension, otherwise admissible to her under these rules.

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13.  Procedures to be followed by the Head of office/department while considering the case of Extraordinary pension pertaining to affected employees.

(1)    In respect of matters of procedure, all awards under these rules are subject to any 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.

(4)    When a claim for any disability pension or family pension arises, the Head of the Office or the Department in which the injured or the deceased Government servant was employed will forward the claim through the usual channel to the Government of India with the following documents :-

(5)    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 or other extraordinary pension has been received by them, of the possibility of an error of judgement 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.

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GOVERNMENT OF INDIA'S DECISIONS

(1) Revised provisions effective from 1-1-1996, regulating Disability Pension and Extraordinary Family Pension under the CCS (Extraordinary) Pension Rules and Liberalized Pensionary Awards- The Fifth Central Pay Commission, and Liberalized Pensionary Awards. - The Fifth Central Pay Commission, interalia,  recommended that for determining the compensation payable for death or disability under different circumstances, the case could be broadly categorized in five distinct categories as under:

    2. The Fifth Central Pay Commission recommended various relief packages for the above categories, in modification of the existing provisions on the subject.

    3. The recommendations of the Commission have been under consideration of the Government for some time. Orders have already been issued regarding ex gratia payment in case of death in service vide this Department's O.M. No. 45/55/97-P. & P.W. (C) , dated 11-9-1998 [vide Appendix 5 in this compilation ]. In respect of disability pension/family pension, the President is now pleased to decide as under :- 

I.Family Pension - for Categories 'B' & 'C'

II. Family Pension under Categories 'D' & 'E'

III. Disability Pension - for cases covered under Categories 'B' and 'C'

IV. Disability Pension - for cases covered under Category 'D'

V. Disability Pension - for cases covered under Category 'E'

    4. Other terms and conditions in the CCS(EOP) Rules and Liberalized Pensionary Awards Scheme which are not specifically modified by these orders shall continue to remain operative.

    5. The Fifth Central Pay Commission also suggested certain procedural changes. These have also been considered by the Government. The President is now pleased to decide as under:-

    6. These orders will be effective from 1-1-1996. The past cases of pre-1996 pensioners/family pensioners will be revised under this Dept's O.M.  No. 45/86/97-P. & P.W. (A)-Part-II, dated 27-10-1997. Such consolidated pension, shall, however, be subject to the provisions of the Dept.'s O.M. No. 45/10/98-P. & P.W. (A). dated 17/12/1998. [see also Decision (6) below.]

    7. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 20/E. V/2000. dated 6-1-2000.

    8. In so far as employees of IA & AD are concerned, these orders have been issued after consultation with the C & AG of India.

    [ G.I. Dept. of P. & P.W., O.M. No. 45/22/97-P. & P.W. (C), dated the 3rd February, 2000. ]

(2)    Appointing authorities competent to sanction awards in clear cases and where there is no disagreement. - It has been decided to delegate powers to Appointing Authorities to sanction awards under the relevant Extraordinary Pension Rules in those cases in which the proposed pension or gratuity is held to be clearly admissible under Rules, i.e., where there is no disagreement between the Accounts Officer and the Appointing Authority as regards the admissibility of the awards or the amount admissible.

    In cases where the President is the Appointing Authority the powers already delegated will continue to be exercised by the Administrative Ministries and the Comptroller and Auditor-General.

    Cases which are not clearly covered by the Rules or where there is disagreement between the various authorities mentioned above, or wherein award is proposed to be granted on ex gratia basis, should, however, continue to be referred to the Ministry of Finance as usual.

[G.I., M.F., O.M. No. F. 19 (18)-E. V (A)/66, dated the 26th February, 1966.]

(3)    Award only under EOP Rules in cases covered under both the Pension Rules. - Family Pension to the families of Government servants governed by the Family Pension Scheme, 1964 [Rule 54 of CCS (Pension) Rules, 1972] as well as the CCS (EOP) Rules whose death is accepted as due to Government service as defined in the latter rules, would be paid under the CCS (Extraordinary Pension) Rules and not under this Scheme. In other words, they will not be entitled to benefits under the said Scheme in addition.

[G.I., M.F., O.M. No. F. 19 (18)-E. V (A)/65, dated the 9th September, 1965.]

(4)    Appeal against the findings of a Medical Board who examined a Government servant for the purpose of grant of wound or other extraordinary pensions. - The question of admitting appeals of Government servants against the decision of the Medical Board who examined them for the purpose of grant of wound or other extraordinary pension under the relevant extraordinary pension rules, has been receiving the attention of Government for some time. After careful consideration, the Government have decided the following procedure may be followed in this regard :-

    [G.I., M.F., O.M. No. F. 19 (2)-E. V (A)/64, dated the 2nd June, 1965.]

(5)    Procedure in regard to the grant of extraordinary pension in respect of State Government servants on deputation to the Central Government and vice versa. - The procedure in regard to the grant of extraordinary pension in respect of State Government servants on deputation to Central Government and vice versa has not been uniform so far. The position has, therefore, been reviewed in this regard and it has been decided that the following procedure should be followed in the matter in future :-

2.    The procedure prescribed in sub-para. (i) above should be deemed to be relaxed in cases where the extraordinary pension rules of the borrowing Government are found to be less advantageous. Such cases should be dealt with in relaxation of the rules of the borrowing Government so as to allow the Government servants concerned or the members of their families the benefits admissible under the rules of the lending Government. In such cases the borrowing Government should forward a casualty report and statement of case together with connected documents to the lending Government who will obtain a report from the Accounts Officer concerned. On receipt of an Audit report, the lending Government will forward the same along with the relevant documents to the borrowing Government for consultation with their Public Service Commission, when necessary, and issue of necessary sanction. While sending these documents, the lending Government should also state whether they agree with the report of the Accounts Officer and in case of disagreement they should state reasons for the disagreement giving their views as to the admissibility and quantum of award.

3.    The decisions contained in the above paragraph shall also apply mutatis mutandis in respect of Government servants of the Posts and Telegraphs, Railways and Defence Departments on deputation to the other Departments of the Central Government and vice-versa and these three Departments shall be treated as separate Governments for the purpose of these orders.

4.    These orders do not apply to the State Government servants on deputation from the State of UP to the Central Government and vice versa. These orders also do not apply to All India Services Officers.

[G.I., M.F., O.M. No. F. 19 (23)-E. V (A)/64, dated the 2nd August, 1965.]

(6)    Ex gratia payment to families of Government servants travelling by service aircraft and dying in accidents. - The death of a Government servant as a result of an accident, while travelling by air on duty, is treated as being due to 'special risk of office' for the purposes of Central Civil Services (Extraordinary Pension) Rules. His family is in that event entitled to the pension and gratuity admissible under those rules. If death occurs while travelling by a commercial plane operated by the Indian Airlines Corporation, the family is likely to receive an ex-gratia payment from the Corporation. No such cover is, however, available if the death occurs in an accident while travelling on duty by service aircrafts. The question of giving compensation in such cases has been under the consideration of the Government. It is felt that the benefits to the families of Government servants involved in fatal accidents, while travelling as passengers and members of the crew by service aircraft in the course of the performance of their official duties, should be on par with those available to the families of similar personnel travelling by IAC planes as fare paying passengers. It has, therefore, been decided that the families of such personnel may be given an ex-gratia payment at a uniform rate of Rs. 5,00,000 in addition to the benefits admissible under the Extraordinary Pension Rules. This payment would be of a purely ex-gratia nature. It will be sanctioned in each case with the concurrence of the Ministry of Finance.

    The grant of the aforesaid ex-gratia payment will be without prejudice to the bond required to be executed by civilian Government servants indemnifying Government against any claims on account of death, etc., while in flight by service aircraft.

[G.I., M.F., O.M. No. 19 (1)-E. V (A)/65, dated the 6th October, 1965 ; O.M. No. F. 23 (1)-E. V (A)/73, dated the 18th June, 1973 ; O.M. No. F. 25 (5)-E. V (A)/78, dated the 28th August, 1978 and G.I., Dkept. of Per. & A.R., O.M. No. 23 (15)-E. V (A)/78, dated the 12th March, 1980 and O.M. No. 46/1/87-P. & P.W., dated the 24th January, 1990 read with corrigendum of even number, dated the 26th June, 1990.]

    The provisions contained in the above decision shall apply to the following types of air journeys also, subject to such journeys being undertaken by a Government servant while on duty in public interest -

[G.I., M.F., O.M. No. F. 23 (1)-E. V (A)/73, dated the 17th June, 1975.]

NOTE. - The term 'family' for the purpose of the aforesaid orders shall include wife, children and failing that, other legal heirs including parents of the deceased Government servant.

[G.I., M.F., O.M. No. F. 4 (12)-E. V/70, dated the 10th August, 1970.]

    (7)   Revision of Disability Pension/Family Pension of Pre-1996 Pensioners,  In para 6 of  O.M. 45/22/97-P & P.W. (C), dated the 3rd February, 2000 (Decision (1) above), it has been provided that the past cases of pre-1996 pensioners/family pensioners will revised under this Department's OM, dated 17-12-1998.

    2.  The question of modified parity between past and present pensioners, covered under the Central Civil Services (Extraordinary Pension) Rules/Liberalized Pensionary Award Scheme, on the lines of benefits sanctioned for ordinary pensioner/family pensioners,  has been under the consideration of the Government. It has now been decided that the revision of pre-1996 pensioners/family pensioners coming under this category would be done as under.

    (A) The past cases of pre-1996 pensioners/family pensioners will be revised under this Department' O.M No. 45/86/97-P & P.W. (A) (Part-II), dated 27-10-1997 as is being done hithertofore  and the revised pension on the basis of the provisions of this OM worked out.

    (B) The benefits under this Department's O.M. No. 45/86/97-P. & P.W. (A) (Part-III), dated 10-2-1998 shall also be extended in the case of pensioners/family pensioners of these categories. In other words, the pay of the employee would be updated from one Central Pay Commission to the subsequent one, etc., and fixed notionally as on 1-1-1986, as if he was in service on that day, as per the procedure laid down in the OM, dated 10-2-1998. The pension/family pension on such notionally fixed emoluments would now be calculated by applying the rates applicable for each category of Extraordinary Pension/Family  Pensioners and this would be further consolidated for fixation of pension as on 1-1-1996 by applying the usual procedure.

    (C) The pension/family pension shall also be calculated as on 1-1-1996 by applying the following procedure.

1. Family pension for Categories "B" & "C'

    In case where the widow dies or remarries, the children shall be paid family pension  at the rates mentioned at (a) or (b) above, as applicable, and the same rate shall also apply to fatherless/motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the  CCS(Pension) Rules. Dependent parents/brothers/sisters, etc., shall be paid family pension one-half the rate applicable to widows/fatherless or motherless children.

II. Family Pension under categories 'D' & 'E'

        Family pension shall be calculated as the minimum pay in the revised scale of pay, applicable from 1-1-1996, of the last post held by the employee.

III. Disability Pension for Categories 'B' & 'C'

IV. Disability Pension for Category 'D'

V. Disability Pension for cases under Category 'E'

    3. After the revised pension/family pension has been calculated in accordance with the methods indicated in (A), (B) and (C) above, the highest of the three shall be granted as revised pension with effect from 1-1-1996.

    4. All other terms and conditions contained in OM, dated 3-2-2000 [Decision (1) above ] shall remain unchanged.

    5. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No. 355/E. V/2001, dated 26-6-2001.

    [G]. Dept. of P. & P.W.., No. 45/22/97-P & P.W. (C), dated the 11^th September, 2001. ]

GUIDELINES FOR CONCEDING ATTRIBUTABILITY OF
DISABLEMENT OR DEATH TO GOVERNMENT SERVICE

[ Ref. Rule 3-A (2) ]

1.    Rule 3-A covers also cases of death after discharge/invaliding from service.

2.    In deciding on the issue of entitlement, all the evidence (both direct and circumstantial) will be taken into account and the benefit of reasonable doubt will be given to the claimant. This benefit will be given more liberally to the claimant in field service cases.

3.    Post-discharge claims. - Cases in which a disease did not actually lead to the Government servant's discharge from service but arose within 7 years thereafter may be recognized as attributable to service, if it can be established medically that the disability is a delayed manifestation of a pathological process set in motion by service conditions obtaining prior to discharge and that if the disability had been manifest at the time of discharge, the individual would have been invalided out of service on this account. In cases where an individual in receipt of a disability pension dies at home, and it cannot, from a strictly medical point of view, be definitely established that the death was solely due to the disablement in respect of which the disability pension was granted -

    In cases where an individual outlives a normal span of life, i.e., where death takes place at the age of 60 or above, the death should be held to be due to normal causes and not to Government service.

NOTE. - Death of a disability pensioner, whose disablement has been accepted on the basis of aggravation, may also be accepted as due to Government service under Rule 3-A (1) (b) if the last assessment of disablement was 50 per cent, or above. If the last accepted assessment of disablement was less than 50 per cent, death should not be regarded as due to service.

    The above procedure will apply when death is established as due to the disability in respect of which disability pension was granted. If this is not the case, the identification of the cause of death with the invaliding disability will first be determined in accordance with the provisions of the Guidelines. If the identity can be conceded there under, the procedure in the preceding sub-paragraph will be followed for determining the further point whether entitlement to extraordinary family pension can be conceded in a case where on invaliding disability was aggravated by service.

    This benefit will be given more liberally to the claimant in cases occurring on 'active service' as defined in the relevant Acts/Rules (e.g., those applicable to BSF/CRPF, etc., Personnel).

NOTE 1. -    (a)    Personnel of the Central Armed Police Battalions participating in (i) local/national/international sports tournaments as member of service teams, or (ii) mountaineering/gliding expeditions organized by the service authorities, with the approval of Government, will be deemed to be 'on duty' for purposes of the entitlement rules of disability and family pension.

    (b)    The above personnel participating in the above-mentioned sports tournaments or in privately organized mountaineering expeditions or indulging in gliding as a hobby, in their individual capacity, will not be deemed to be 'on duty' for purposes of those rules, even though prior permission of the competent service authorities may have been obtained by them.

    (c)     Injuries sustained by the above personnel in impromptu games and sports outside parade hours, which are organized by, or with the approval of, the local service authority, and deaths arising from such injuries will be regarded as having occurred while 'on duty' for purposes of these rules.

    NOTE 2. - The above personnel deputed for Training Courses conducted by the Himalayan Mountaineering Institute, Darjeeling, or other similar recognized institutes, shall be treated on par with personnel attending other authorized professional courses or exercises for the services for the purpose of the grant of disability/family pensions on account of disability/death sustained during the courses.

5.    In respect of diseases, the following rules will be observed :-

(a)    Cases, in which it is established that conditions of Government service did not determine or contribute to the onset of the disease but influenced the subsequent course of the disease, will fall for acceptance on the basis of aggravation.

(b)    A disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of the individual's acceptance for Government service. However, if medical opinion holds, for reasons to be stated, that the disease could not have been detected on medical examination prior to acceptance for service, the disease will not be deemed to have arisen during service.

(c)    If a disease is accepted as having arisen in service, it must also be established that the conditions of Government service determined or contributed to the onset of the disease and that the conditions were due to the circumstances on duty in Government service.

(d)    In considering whether a particular disease is due to Government service, it is necessary to relate the established facts, in the a etiology of the disease and of its normal development, to the effect that conditions of service, e.g., exposure, stress, climate, etc., may have had on its manifestation. Regard must also be had to the time factor (Also see Schedule I-A).    

    Diseases such as Bronchitis, Rheumatism and Nephritis - indeed most diseases of the respiratory system, joints and kidneys - are affected by climatic conditions. The period and the conditions of service at any particular place should be taken into account in determining causal connection with service.

    This should be decided with due reference to the nature of the duties which the individual has had to perform in Government service. It may be that in some cases the individual had been engaged on sedentary duties, when they will normally not qualify.

    Diseases such as Malaria, Kalazar, Filariasis, Dysentery, Cholera, etc., are endemic in certain ares. These diseases may also be introduced by movements of infected persons.

    In determining causal connection with service, it will have to be established that the conditions of Government service exposed the individual to the infections as a result of which he contracted the disease. Where there is medical evidence of the contraction of the diseases either prior to entry into service, or while off duty or on leave or desertion or unauthorized absence, etc., attributability should not be accepted, unless the disease occurs within the incubation period.

    Entitlement to pension will be admitted if the exposure to infection arose from the circumstances of the member's Government service.

    The compulsions of service would also cover such cases as gastric disorders, e.g., gastritis, gastric and duodenal ulcers, where it is established that the member was unable to follow a dietary regime required for his condition. The effect of service in such cases will be limited essentially to the question of aggravation of a pre-existing constitutional condition. This will not normally apply to individuals in sedentary occupation.

    There are certain diseases which would have run the same course whether the individual had been in Government service or not, e.g., Leukaemia, Hodgkin's disease, etc. (See Part II of Schedule I-A). Such cases will not be accepted as aggravated by service unless it is clear that owing to exigencies of service, the man did not receive treatment of a satisfactory character and standard or such treatment was so delayed, as to be less effective than it should have been.

    (1)    Venereal disease will normally be rejected but a sequela of the disease may sometimes be accepted as aggravated by service. In the case of such disease contracted during service, grounds for acceptance will rarely be found unless the member after treatment had returned to full duty and had been subjected to such strain as would produce one of the after effects of the disease sooner than would have normally been the case. The strain must have been of an exceptional nature.

    (2)    In the case of disease contracted before service if the member had reached an age when such a manifestation could be accepted, entitlement will not be conceded. On the other hand, if the later manifestation had been produced or hastened by the strain of service in which case there should be evidence that the strain was of an exceptional nature, entitlement may be considered on the basis of aggravation.

    (3)    In the case of disease due to heredity, entitlement must be determined as in Para. (2) above.

    (4)    The above refers only to late manifestations or sequela of venereal disease as Neuro Syphilis or Cardio-vascular syphilis.

    Entitlement shall not be conceded if the disability or death on which the claim is based, resulted from indulgence in drugs or drinks which was within one's own control.   

6.    Unforeseen effects of service medical treatment . -

(a)    Whether unforeseen complications arise as a result of treatment (including operative treatment) given for the purpose of rendering a member fit for service duties, any disablement resulting will normally be accepted as attributable to service.

(b)    Where the treatment is given for other reasons, the position regarding any unforeseen complications differs according as the condition which necessitated treatment was or was not, either attributable to or aggravated by service. If it was so attributable or aggravated, any disablement resulting from the treatment, it will normally be accepted as attributable to service. If it was not, no responsibility will be accepted for the additional disablement unless neglect, delay, faulty technique or lack of reasonable skill can be held responsible for the untoward outcome, or the exigencies of service before, during or after the treatment can be held to have caused or aggravated the condition.

(c)    The above considerations apply whether the treatment is given in a service hospital or under service arrangements in any other hospital but will not apply if the treatment, is undertaken under private arrangement by an individual.

7.    Assessment. -

(a)    The assessment of a disability is the estimate of the degree of disablement it causes, which can properly be ascribed to service as defined below.

(b)    The disablement properly referable to service will be assessed as under -

    Normally the whole of the disablement then caused by the disability. This rule will apply irrespective of whether the disability is actually attributable to service, or is merely aggravated thereby. In the latter event, part of the disablement on discharge may have been present before service and/or may have been brought about by the natural progress of the disability during service. But as it is impossible, for so long as the strain and stress of service continues, to apportion quantitatively the effects of service and non-service factors, the entire disablement at the time of discharge will be taken into account. For example :

    The whole of the disablement then caused by the disability, less the following : -

    (c)    In cases accepted as aggravated by service, although a percentage of disablement, equal to more than 20 per cent, may be assessed on medical resurvey, after discharge from service, in accordance with para. (b) (ii) (2) above, disability pension will cease to be payable as soon as the effects of the aggravation by service have passed away, e.g., where a person with disease, e.g., Fibrositis, Bronchitis, Eczema, etc., held to be aggravated by service, is invalided out and on resurvey was found by the Medical Board to have been restored (a) to his pre-service condition or (b) the condition in which he may have been normally at that time even if he had not joined Government service, aggravation by service will be deemed to have passed away.

    (d)    Paired organs, -

    (e)    Composite assessments. -

    Where there are two or more disabilities due to service, compensation will be based on the composite assessment of the degree of disablement. Generally speaking, when separate disabilities have entirely different functional effects, the composite assessment will be the arithmetical sum of their separate assessments. But where the functional effects of the disabilities overlap, the composite assessment will be reduced in proportion to the degree of overlapping.

    (f)    Nil disablement. -

    Where, although a definite disability is or has been in evidence, the Medical Board consider that any disablement resulting therefore has ceased or has become so small as not to admit of assessable compensation, the assessment will be expressed as "nil disablement".

    (g)    Where the disability due to service has no connection with pre-existing disability, as for example, a person who had lost a finger prior to enlistment, loses a great toe by service, compensation will be restricted to the loss of the great toe only.

    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.

SCHEDULE 1-A    
 [ See Rule 3(4) ]

SHEDULE II

DISABILITY PENSION

SCHEDULE III

EXTRAORDINARY FAMILY PENSION

SCHEDULE IV
See Rule 13(4) (ii)

* If not known exactly, please state on the best information or estimate and according to the best of your knowledge and belief.    

NOTE. - Thumb and finger impressions and particulars of height and personal marks are not required to be given by such ladies, Gazetted Officers, Government titile-holders and other persons as are specifically exempted, by the Government by special orders in that behalf.

FORM B
[ See Rule 13(4) (ii)

FORM OF APPLICATION FOR FAMILY PENSION

    Application for Extraordinary Pension for the family of the late Shri/Shrimati.................................................killed or died of Injury/Disease/Injuries/Diseases claimed as being attributable to Government service.

*  means - 

The term `child' includes a posthumous child of the Government servant and is covered by the term surviving kindred.

[G.I., M.F., U.O. No. 9614-E/V./66, dated the 2nd January, 1967]

NOTE 1. - Please strike out the word or words not applicable.

    NOTE 2. - If the deceased has left no son, widow, daughter, father or mother surviving him, the word "none" or "dead" should be entered opposite to such relative.

FORM C

(Form to be used by the Medical Board when reporting on
Injuries/Diseases/Death)

[ See Rule 13(4)(iii) ]

    Instruction to be observed by the Medical Board while preparing the Report

(1)    The Medical Board before recording their opinion should invariably consult the proceedings of the previous Medical Board, if any, as also all previous Medical/Hospital documents connected with the Government servant brought before them for examination, or who has died.

(2)    If the injuries/diseases be more than one, they should be numbered separately, giving percentage of disability for each, with full details.

(3)    In answering the questions in the prescribed Form, the Medical Board will confine itself exclusively to the medical aspect of the case, and will carefully discriminate between the Government servant's/claimant's unsupported statements and the documentary evidence available.

(4)    The Medical Board will not express any opinion, either to the Government servant examined (or any of his relatives or friends, etc.) or in their Reports, as to whether he or his family is entitled to compensation or as to the amount of it, nor will it inform the Government servant or any other person connected with the Government servant of anything about the nature of the Medical Report given by it.

(5)    The Medical Board shall give their Report herein below in the light of the provisions of O.M. No. 23 (15)-E. V (A)/73-Main & Pt. I., dated the 20th January, 1978 [Decision (1)], particularly Schedules I and I-A, IV and the Appendix thereto.

(6)    The Report of the Medical Board, on each occasion, shall be supported by all the necessary and full Medical and Hospital documents which shall be maintained and preserved for reference, from time to time, as may be necessary, until the same would no longer be required for reference.

Proceedings of the Medical Board

CONFIDENTIAL

   Proceedings of the Medical Board assembled by the order of.........................................for the purpose of examining and reporting on -

PART A. FIRST EXAMINATION

    1.    The percentage of disability due to Injury/Disease /Injuries/Diseases is ................................. % [Please give herein below full details/justification about the nature of the Injury/Disease/Injuries/Diseases and for percentage of disability certified, supported by full/all medical and hospital documents with reference to Schedules I and I-A to the CCS (EOP) Rules.]

    2.    For what period from the date of Injury/Disease/Injuries/Diseases

    3.    Other relevant information, if any.

PART B. SECOND OR SUBSEQUENT EXAMINATIONS

   1.    If the original degree of disability of the Government servant has changed, what is the percentage of disability now?

    (Please give here details of justification in support of your view along with all further Medical and Hospital documents in full.)

     2.    For what period from the date of Injury/Disease/Injuries/Diseases

    NOTE. - Please score out the word/words not applicable.

FORM D
[ Please also see Forms C & E ]

REPORT ON ACCIDENTAL AND SELF-INFLICTED INJURIES

1.    Declaration by the injured person.

   I, ................................................(Number, rank, name and unit) hereby declare that the injury sustained by me on ........................................ did*/did not* occur while I was in the performance of Government duty.

2.    Nature, location and severity of injury

   NOTE. - Hospital to be notified at once if wound is believed to be self-inflicted.

3.    Short statement of the circumstances of the case

   (Signed statements of witnesses giving a detailed account of the circumstances of the accident must be attached to this Form. Place or sketch of place of accident and how it occurred in cases of lorry, motor car or cycle accidents.)

4.    Opinion of the Commandant/Head of Office

5.    The injury/disability/death occurred in peace/field/operational area and is/is not attributable to Government service.

Footnote : 1. In all cases of death, Court of Enquiry must be held ; so also in respect of disability exceeding 20%.
                2. To be completed and signed by OC unit if injury is not severe and no Court of Enquiry is held.

FOR USE ON FIELD SERVICE ONLY (Items 6-8)
(To be completed in all field service cases where injuries are,
or are suspected to be self-inflicted)

To

    Dy. I.G.,
    State

7.    Forwarded with reference to my casualty signal No..........................................., dated......................................

To

I.G.,
Frontier,
DECISION OF I.G.,_________________

8.    The casualty should be reported as...................................................................................................................................
..............................................................................................................................................................................................

To

D.G.,______________________

NOTE. - If the IG decides that the casualty is to be reported as self-inflicted, he should indicate how far he concurs with the opinions expressed above.

FORM E

FORM FOR REPORT ON CASES (OTHER THAN THOSE DUE TO INJURIES)
WHICH HAVE ENDED FATALLY OR ARE PROPOSED FOR INVALIDING

[ See also Forms C & D ]

PART A
(To be filled by the M.O.)

PART B
(To be answered by the Officer Commanding Unit)

PART C
(To be completed by Medical Officer concerned in all death cases)

1.    Chief Medical Officer, Presiding Officer of the Medical Board.

2.    Medical Officer, Member of the Medical Board.

3.    Medical Officer, Member of the Medical Board.