Railway Services (Extraordinary Pension) Rules, 1993
Extraordinary Pension Rule No.1: Short Title And Commencement
G.S.R. In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Railway Services (Extraordinary Pension) Rules, 1993, namely;
1. Short Title And Commencement:-
(1) These rules may be called the Railway Services (Extraordinary Pension) (Amendment) Rules, 2015.
(2) They shall come into force on the date of their publication in the Official Gazette.
[Authority: RBE No.112/2015, No.2015/F(E)III/1(3)/7, 22.09.2015]
Extraordinary Pension Rule No.2: Application
These rules shall apply to all railway servants, other than those to whom the Employees Compensation Act, 1923 (8 of 1923) applies (subject to para 6 of Schedule III) 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 President of India:
Provided that nothing contained in these rules shall apply to the railway servants appointed on or after the 1st day of January, 2004.
NOTE: No award shall be made under these rules in respect of a railway servant who is deputed on foreign service under United Nations’ bodies on or after the 1st January, 1958 and who is allowed to join the United Nations’ Joint Staff Pension Fund as an ‘Associate Member’.
[Authority: RBE No.96/2013, No. 2011/F(E)III/1/(3)/5, 23.09.2013]
Extraordinary Pension Rule No.3: Definitions
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 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 –
(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 President 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 President with due regard to the opinion of the Medical Board;
(3) Injury means an injury as is mentioned in Scheduled-I, 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 hundred per cent or more. Every injury specified in Part-II of Scheduled-I shall be deemed to result in Permanent Partial Disablement.
(4) Disease means a disease as is mentioned in Schedule-II;
(5) Pay means basic pay as defined in clause (i) of rule 1303 of the Indian Railway Establishment Code [IREC Vol-II] which a person was drawing on the date of his death or injury and also includes non-practicing allowance granted to Medical Officers in lieu of Private Practice;
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;
(6) Schedule means a schedule annexed to these rules;
(7) Violence means the act of a person who inflicts an injury on a railway 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 railway servant or by any other public servant in the lawful discharge of his duty as such, or
(iii) Because of his official position.
Extraordinary Pension Rule No.4: Entitlement Criteria
(1) (a) Disablement shall be accepted as due to railway service provided it is certified that it is due to wound, injury or disease which;
(i) Is attributable to railway service, or
(ii) Existed before or arose during railway service and has been and remains aggravated thereby.
(b) Death shall be accepted as due to railway service provided it is certified that it was due to or hastened by;
(i) A wound, injury or disease which was attributable to railway service, or
(ii) The aggravation by railway service of a wound, injury or disease which existed before or arose during railway service.
(2) There shall be a casual connection between: –
(a) Disablement and railway service,
(b) Death and railway service,
for attributability or aggravation to be conceded. Guidelines in this behalf, as provided in the Appendix appended to these rules shall be treated as part and parcel of these rules.
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 Rule-4 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 Accounts Office concerned to satisfy themselves that the death or disability is, in fact, attributable to or aggravated by the Railway service which alone makes an Extra Ordinary Pension 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 casual connection between disablement and railway service or between death and railway service (as the case may be), in any particular case, as laid down in the Rule-4 on the basis of the medical and other documents regarding the case. If a railway 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 railway service has to be established before conceding acceptance of death due to Government service.
[Authority: No.PC III/78/EOP/3/Main, 18.12.1981]
(3) Notwithstanding anything contained in these rules, the degree of default or contributory negligence on the part of a railway servant may be taken into consideration in making a award under these rules in favour of such railway servant, but, shall not be taken into account where such award is made in favour of the family of the such railway servant.
NOTE: The provisions of this rule shall cover cases of death after discharge or invalidating from service.
Extraordinary Pension Rule No.5: Powers To Grant Disability Or Family Pension
The Ministry of Railways shall have the power to grant disability or family pension covered under these rules and shall exercise these power, wherever necessary, in consultation with the Financial Commissioner, but the cases which are not covered strictly in terms of the Government guidelines and instructions, reference shall be made to the Department of Pension and Pensioners’ Welfare.
Extraordinary Pension Rule No.6: Award Made Under These Rules Shall Not Affect Any Other Pension Or Gratuity
Except as otherwise provided in these rules, an award made under these rules shall not affect any other pension or gratuity for which the railway servant concerned or his family may be eligible under any other rules for the time being in force; and the pension granted under the provision of these rules shall not be taken into account for fixing the pay of pensioner in his continued employment or re-employment in railway service.
Extraordinary Pension Rule No.7: Restrictions On Award Under These Rules
No award under these rules 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 railway servant was medically reported as unfit for duty on account of the disease of which he died
Extraordinary Pension Rule No.8: Mode Of Award
Omitted.
[Authority: RBE No.96/2013, No.2011/F(E)III/1/(3)/5, 23.09.2013]
Extraordinary Pension Rule No.9: Percentage Of Disability
(1) The percentage of disability due to an injury or injuries shall be as specified in Schedule-I, or failing that, as certified by the Medical Authority.
(2) The percentage of disability due to a disease or diseases specified Schedule-II, shall be as certified by the Medical Authority.
(3) The extent of disability or functional incapacity shall be determined in the following manner for purposes of computing the disability element forming part of benefits:-
| Percentage of disability assessed by Medical Board
|
Percentage to be reckoned for computation of disability element |
| Up to 50% disability | 50% disability element |
| More than 50 and up to 75% disability
|
75% |
| More than 75 and up to 100% disability
|
100% disability element |
Provided that the above broad banding shall not be applicable to railway servants who are retained in service.
Note 1:
The findings of the Medical Board on the extent of disability may be treated as final and binding unless the employee himself seeks a review by preferring an appeal to an Authority immediately superior to the one who had constituted the Board and in case the appeal is accepted and a review Medical Board is constituted, the findings of the Board shall be binding on all parties.
The extent of disability as determined and accepted shall be treated as final and the employee shall not be required to appear before the Medical Board periodically for the purpose of obtaining a certificate that the disability continues to persist.
Note 2:
A railway servant may appeal against the decision of the Medical Board which examined him for the purpose of this rule;
(i) The findings of the examining Medical Board shall be made known to the railway servant concerned as soon as possible after the receipt of the medical report by the Head of the Office or Department and the railway servant concerned shall, if he desires to appeal against such decision, do so together with requisite evidence in support of his case within one month from the date on which the findings of the Medical Board were made known to him. Ordinarily there is no right of appeal from the findings of an examining medical authority, but if Government is satisfied on the evidence placed before them by the railway servant concerned, of the possibility of an error of judgment in the decision of the examining medical authority, it shall be open to them to allow reexamination by a second Medical Board.
(ii) If any medical certificate is produced by the railway servant as a piece of evidence about the possibility of an error of judgment in the decision of an examining medical authority who had examined him in the first instance, the certificate shall not be taken into consideration unless it contains a note by the medical practitioner who gave the certificate to the effect that it has been given in full knowledge of the fact that the per on concerned has already been examined by a Medical Board who have given their opinion as to the injury or disease in respect of which the railway servant had applied for benefits under extraordinary circumstances.
(iii) The expenditure incurred in assembling the Review Board shall be borne by the Government, provided that the railway servant shall be required to pay a prescribed fee which shall be refunded if his appeal is upheld by the Review Board.
(iv) To ensure uniformity of procedure, all appeals shall at first be referred to the Ministry of Railways who shall advise on the evidence produced as to whether there is an error of judgment on the part of the examining Medical Board who first conducted the Medical examination and whether the appeal shall be accepted or not and if accepted, by whom such re-examination shall be conducted.”;
[Authority: RBE No.96/2013, No.2011/ F(E)III/1/(3)/5, 23.09.2013]
Extraordinary Pension Rule No.10: Disability Pension
10. (1) When disablement of a railway servant is conceded as due to railway service in terms of rule 4, he shall be awarded disability pension in terms of sub-rule (2) or lump sum compensation in terms of sub-rule (3) of this rule in accordance with the percentage of disability (suffered by him) as certified by the Medical Authority concerned.
(2) If the railway servant is boarded out of railway service on account of his disablement, the quantum of disability pension for one hundred per cent disability shall be as specified in SCHEDULE III and the quantum of disability pension for lower percentage of disability shall be, “proportionately lower” in accordance with the provisions of rule 9.
(3) If the railway servant is retained in service in spite of such disablement, he shall be paid a compensation in lump sum (in lieu of the disability pension) on the basis of disability pension admissible to him in accordance with the provisions of sub-rule (2), by arriving at the capitalized value of such disability pension with reference to the Commutation Table, in force from time to time:
Provided that the broad banding as provided in sub-rule (3) of Rule-9 shall not be applicable in such cases.
Extraordinary Pension Rule No.10A: Constant Attendant Allowance
The pensioner who are drawing disability pension under the provisions of Rule-10 for one hundred per cent disability and are completely dependent on other for day to day activities, shall also be granted in addition to disability pension, the Constant Attendant Allowance in accordance with the instructions issued from time to time.
[Authority: RBE No.96/2013, No.2011/F(E)III/1/(3)/5, 23.09.2013]
Extraordinary Pension Rule No.11: Payment Of Award Of Pensionary Benefits To The Family
When death of a railway servant is conceded as due to railway service in terms of rule 4, his widow and children shall be awarded pensionary benefits in accordance with Schedule-III.
[Authority: RBE No.96/2013, No.2011/F(E)III/1/(3)/5, 23.09.2013]
Note: If a Railway 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.
Extraordinary Pension Rule No.13: Period Of Family Pension
(1) A family pension shall take effect from the day following the death of the railway servant or from such other date as the President may decide.
(2) A family pension shall ordinarily be tenable –
(i) In the case of a widow or mother until death or re-marriage, whichever occur earlier;
(ii) In the case of minor son or minor brother, until he attains the age of twenty five year ;
(iii) In the case of daughter during the period she is eligible for family pension under the Railway Services (Pension) Rules, 1993 ;
(iv) In the case of sister, until marriage or until she attains the age of twenty-five year, whichever occur earlier;
(v) In the case of a father, life.
[Authority: RBE No.96/2013, No.2011/F(E)III/1/(3)/5, 23.09.2013]
Note: The family pension of a widow shall 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.
Extraordinary Pension Rule No.14: Continuance Of Extraordinary Pension On Remarriage
Notwithstanding anything contained in clause (i) of sub-rule (2) of rule 13, a widow of an employee who re-marries her deceased husband’s brother and continue to live a communal life with, or contributes to the support of the other dependents of the deceased shall not be disqualified for the grant of extraordinary pension, otherwise admissible to her under these rules.14.
Extraordinary Pension Rule No.15: Awards Under These Rules Are Subject To Any Procedure Or Rules Relating To Ordinary Pensions
(1) In respect of matters of procedure, all awards under these rules are subject to any procedure or rules relating to ordinary pensions for the time being in force, to the extent that such procedure or rules are applicable and are not inconsistent with these rules and also, if eligibility concerning pension is not covered under these rules but covered under the Railway Services (Pension) Rules, 1993, the Railway Services (Pension) Rules, 1993 shall be applicable, provided it is not repugnant to or inconsistent with the provisions of these rules.
[Authority: RBE No.96/2013, No.2011/F(E)III/1/(3)/5, 23.09.2013]
(2) 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 railway servant was employed shall forward the claim through the usual channel to the Railway Board 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 disability pension in Form ‘A’ or as the case may be, the application for family pension in Form ‘B’ set forth in Schedule V.
(iii) In the case of any injury of railway servant or one who has contracted a disease, a medical report in Form ‘C’ set forth in Schedule V. In the case of a diseased railway servant a medical report as to the death or reliable evidence as to the actual occurrence of death if the railway servant lost his life in such circumstances that a medical report cannot be secured;
(iv) A report of the Accounts Officer concerned as to whether an award is admissible under the rules and, if so, of what amount.
(3) Where the Railway Board is satisfied on the evidence placed before it by a railway servant in respect of whom a medical report for the purpose of grant of disability or other extraordinary pension has been received by it, of the possibility of an error of judgment in the decision of the Medical Board which examined him, the sanctioning authority may direct a second Medical Board consisting of members other than those constituted the first Medical Board to examine the officer and submit a report to the Railway Board in the matter; pension shall be granted to the officer in accordance with the decision of the second Medical Board.
[Authority: RBE No.96/2013, No.2011/F(E)III/1/(3)/5, 23.09.2013]
Extraordinary Pension Rule No.16: Application Of Orders And Circulars Not Barred
Application Of Orders And Circulars Not Barred:-
The provisions of these rules shall be in addition to, and not in derogation of, the provisions of any order or circular issued by the Railway Board and for the time being in force.
Extraordinary Pension Rule No.17: Repeal And Saving
On the commencement of these rules, every rule (including those contained in volume-II of the Indian Railway Establishment Code Fifth Reprint – IREC Vol-II) in force immediately before such commencement shall, in so far as it provides for any of the matters contained in these rules, cease to operate.