HCS Rules 5

धारा 5 · Definitions

(1)

In these rules, unless the context otherwise requires,?

(a)

"compassionate financial assistance" means a monthly assistance at the rate specified by Government by notification from time to time, which is admissible under these rules to the eligible family member(s) of a Government employee who dies or disappears while in service subject to future good conduct;

(b)

"compassionate appointment" means appointment of an eligible family member of deceased or a missing Government employee to the post of, Group C or D, lower than the functional pay level of the post held by the deceased or missing Government employee, at the time of death or disappearance while in service;

(c)

"deceased Government employee" means a Government employee who while working on regular basis dies while in service;

(d)

"dependent" means a family member whose total income from all sources is less than the sum of minimum family pension plus dearness relief thereon as specified from time to time by Government.

Note. - Parents shall be deemed to be dependent on the Government employee if their combined income is less than the minimum family pension, specified from time to time, plus the dearness relief admissible thereon. Unmarried Disabled siblings [brother(s) and sister(s)] shall be deemed to be dependent on the Government employee if their income is less than the minimum family pension plus dearness relief;

(e)

"eligible family member" means spouse or a dependent member of the family of deceased or missing Government employee in order of priority seeking financial assistance or appointment on compassionate grounds;

(f)

"family for the purpose of compassionate financial assistance" means ?

(i)

(a)widow (widows wherever permissible under personal law) or widower, upto the date of re-marriage or death, whichever is earlier;

(b)judicially separated spouse of a deceased or missing Government employee, provided that such separation has not been granted on the ground of adultery and the person surviving was not held guilty of committing adultery;

(c)childless widow of a deceased or missing Government employee who has not remarried provided her independent income from all other sources is less than the minimum family pension prescribed by the State Government from time to time plus dearness relief thereon. In all such cases, she shall be required to give a declaration regarding her income from all other sources to the Head of Office once in every six months;

(ii)failing (i) above, the eldest unmarried and dependent son(s) or daughter(s) upto the age of twenty-five years;

(iii)failing (i) and (ii) above, the dependent eldest divorced or widowed daughter(s) upto the age of twenty-five years, upto the date of her marriage/re-marriage or till the date she starts earning livelihood, whichever is the earliest provided she should have been widowed or divorced before the date of expiry of eligibility of other existing family member for compassionate financial assistance;

(iv)failing (i) to (iii) above, the dependent eldest daughter amongst unmarried/widowed/ divorced daughters of above twenty-five years, upto the date of her marriage/re-marriage or till the date she starts earning livelihood, whichever is earlier. In case of widowed/divorced daughter, she should have been widowed/ divorced before the date of expiry of eligibility of other family member for compassionate financial assistance;

(v)failing (i) to (iv) above, son and daughter suffering from disorder or disability of mind or physically crippled or disabled irrespective of his/her age provided they were wholly dependent upon the Government employee when he/she was alive;

(vi)failing (i) to (v) above, parents who were wholly dependent on the Government employee when he/she was alive provided their present combined income is less than the minimum family pension, prescribed from time to time, plus dearness relief thereon;

(vii)failing (i) to (vi) above, unmarried physically disabled sibling (brother and sister) provided they were wholly dependent upon the deceased Government employee when he/she was alive:

Note 1. - For the purpose of this rule, "widow" means legally wedded wife of deceased Government employee.Note 2. - Divorce by the Panchayat or Social Organizations shall not constitute a legal divorce.Note 3. - Son/daughter includes children legally adopted under the Hindu Law or personal law of the Government employee residing with and wholly dependent upon his/her parent but does not include step children.Note 4. - It shall be the duty of person who is drawing compassionate financial assistance (son, daughter, parents, siblings or the guardian, as the case may be) to furnish a certificate to the disbursing authority, twice in a year, i.e. in the month of March and September every year, that she/he or they have not started earning his/her or their livelihood. A similar certificate shall also be furnished by a childless widow after her re-marriage;

(g)

"Family for the purpose of compassionate appointment" means -

(i)widow or widower;

Note 1. - Judicially separated wife or husband shall not be a member of the family for the purpose of compassionate appointment without the consent of the remaining eligible family members;

(ii)

children, including adopted children, already not in service in any Department or Organization under any State Government or Government of India; and

(iii)

dependent brother and sister in case of unmarried deceased or missing Government employee only.

Note 1. - Where there is more than one widow, neither the living widow nor the children of deceased and living widow shall be included in the family for the purpose of compassionate appointment.Note 2. - For the purpose of this rule, "widow" means legally wedded wife of deceased Government employee.Note 3. - Divorce by the Panchayat or Social Organizations shall not constitute a legal divorce.Note 4. - Son/daughter includes children legally adopted under the Hindu Law or personal law of the Government employee residing with and wholly dependent upon his/her parent but does not include step children;

(h)

"Government" means the Haryana Government in the General Administration Department;

(i)

"Government employee" means a member of the State Services of Group A, B, C or D whose,-

(i)conditions of service are regulated by rules made by the Governor of Haryana under the proviso to article 309 of the Constitution of India;

(ii)appointment is made on regular basis in connection with the affairs of Government of Haryana; and

(iii)pay is debited to Consolidated Fund of the State of Haryana except when serving on foreign service or deputation but it shall not include persons -

(1)of casual or daily-rated or part-time employment;

(2)

paid from contingencies/contingent charges;

(3)

of work-charged establishment;

(4)

appointed on contract or adhoc basis; and

(5)

re-employed after retirement;

(j)

"martyred Government employee" for the purpose of these rules means a Police personnel or a civil employee of the Haryana Government working on regular basis who is killed in action while performing duties of his office displaying bravery and extraordinary courage;

(k)

"missing Government employee" means a Government employee who while working on regular basis -

(a)

disappears and whose whereabouts are not known;

(b)

is reported through the Police Station to be missing while on pilgrimage, tour, etc.; or

(c)

has been kidnapped by insurgents/terrorists;

(l)

"while in service" means during the period of service but before attaining the age of superannuation.

Exception. - In case of Haryana Civil Medical Services Doctors or any other personnel where the age of superannuation is more than sixty years, the age of superannuation for the purpose of duration of compassionate financial assistance admissible under these rules shall be deemed to be sixty years.

(2)The terms not defined in these rules but defined in Haryana Civil Services Rules, 2016 shall have the same meaning and sense for the purpose of these rules.

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