Extraordinary Pension Rule No.3: Definitions

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.