Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019
Published vide Notification No. G.S.R. 32/Const./Art. 309/2019, dated 2nd August, 2019
Last Updated 5th October, 2019 [hl766]
Note 1. - The family of deceased Government employee who died before the date of notification of these rules but have not been sanctioned the compassionate financial assistance by the competent authority due to one reason or the other, they may exercise an option within a period of six months from the date of notification either to avail the benefit under the Haryana Compassionate Assistance to the Departments of Deceased Government Employees Rules, 2006 or these rules. Option once exercised shall be final.
Note 2. - Where there is any training compulsory for a person selected by the Haryana Public Service Commission or Haryana Staff Selection Commission or any approved agency before his appointment to a post on regular basis, these rules shall also be applicable during the period of training.
Note 3. - The eligible family members of All India Service Officers may exercise an option either to avail the benefit under these rules or under the rules or policy of Government of India applicable to All India Service Officers at the time of death or disappearance while in service.
Note 4. - The Speaker of the Legislative Assembly has agreed under clause (3) of article 187 of the Constitution of India that until a law is made by the Legislature of the State under clause (2) of article 187 of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of article 187 of the Constitution of India, these rules and amendments thereof, if any, after prior consent of the Speaker, shall apply to the Secretarial staff of the Haryana Legislative Assembly.
Note 5. - The Chairman, Haryana Public Service Commission, has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Haryana Public Service Commission.
4. Eligibility of Family Members for compassionate appointment. - (1) The family member shall be eligible for consideration of compassionate appointment under these rules subject to the condition that the deceased or missing Government employee should, -(i) have completed five years service on regular basis;
(ii) have not attained the age of fifty-two years or more upto the date of death or missing; and
(iii) not be suspected to have committed fraud or joined any terrorist organisation or gone abroad.
Explanation. - Five years service includes the period of all kinds of leave sanctioned by the competent authority and availed by the deceased or missing Government employee while working on regular basis. (2) Compassionate appointment would not be a matter of right and it will be subject to fulfillment of all the conditions, including the availability of vacancy, as laid down for such appointment under these rules. 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. 6. Duration of compassionate financial assistance. - The compassionate financial assistance shall be admissible to such eligible family member from the next day of the death of the Government employee for the following period or upto the date of superannuation of such Government employee, whichever is earlier. In case of death -
1. |
before attaining the age of thirty-five years |
for a period of fifteen years subject to eligibility. |
2. |
on attaining the age of thirtyfive years but before fortyeight years |
for a period of twelve years or upto the date of attaining the age of superannuation or sixty years, whichever is earlier, subject to eligibility. |
3. |
on attaining the age of fortyeight years or above |
for a period of seven years or upto the date of attaining the age of superannuation or sixty years, whichever is earlier, subject to eligibility. |
Note. - The Family Pension under the Haryana Civil Services (Pension) Rules, 2016, where applicable, shall be admissible to the family of deceased or missing Government employee, from the next date after the completion of tenure of compassionate financial assistance.
7. Compassionate Appointment on Group C or D post. - (1) In case of death or disappearance of the Government employee while in service, before attaining the age of fifty-two years subject to completion of minimum five years service on regular basis, the eligible family member may opt for compassionate appointment, in place of compassionate financial assistance.(a) The compassionate appointments under these rules shall be confined to Group C or Group D post only.
(b) Status of the deceased or missing Government employee or the higher qualifications of the eligible family member shall not be considered for giving compassionate appointment.
(c) The compassionate appointment being offered shall be to a post of at least one step lower Functional Pay Level than the functional level or Assured Career Progression (ACP) Level or any other level higher than the Functional Level of the post last held by the deceased or missing Government employee, except in cases where the deceased or missing Government employee was working at the lowest level in Group D post.
Explanation 1. - The functional pay level of the post last held by the deceased or missing Government employee is FL-12 (corresponding to Functional Grade Pay 7600), the compassionate appointment shall be made to a post of Group C, but not lower than the post of Clerk, depends upon the eligibility and qualification and also the availability of vacancy in the Department. Explanation 2. - The functional pay level of the post last held by the deceased or missing Government employee is FL-6 (corresponding to Functional Grade Pay 4200), the compassionate appointment shall be made to a post of Group C below the functional level of 4200, but not lower than the post of Clerk, depends upon the eligibility and qualification of the eligible family member and also the availability of vacancy in the Department. Explanation 3. - The functional pay level of the post last held by the deceased or missing Government employee is FL-6 (corresponding to Functional Grade Pay 4200) but pay was being drawn in ACP Level-11 (corresponding to ACP grade Pay 4800) the compassionate appointment shall be made to a post of Group C below the ACP level last held, but not lower than the post of Clerk, depends upon the eligibility and qualification of the eligible family member and also the availability of vacancy in the Department. Explanation 4. - The deceased or missing Government employee was holding the post of Group D and was drawing pay in the functional pay level corresponding to Functional Grade Pay 1650, the compassionate appointment shall be made to a post of Group D in the functional level. 8. Procedure for compassionate appointment. - (a) The family of deceased/martyred Government employee shall submit an application for compassionate appointment in the prescribed form within six months from the date of death of the Government employee to the Head of Office where the deceased Government employee was on the rolls at the time of death, for onward submission to the Head of Department for further necessary action.(b) In case of missing Government employee the application in the prescribed form shall be submitted by the family after a period of three months from the date of lodging First Information Report (FIR) in the police station alongwith police investigation report regarding untraceable of missing Government employee.
(c) The proforma as in CFA-2 (or CFA-3 in case of martyred Government employee) may be used by departments for ascertaining necessary information and processing the cases of compassionate appointment.
(d) Each Department may nominate one or more Welfare Officer(s) who shall meet the members of the family of the deceased or missing Government employee immediately upon the demise to advise and assist the family in obtaining ex-gratia compassionate appointment under these rules. The applicant shall be called in person at the very first instance and advised about the requirements and formalities to be completed by him.
(e) The Head of the Department shall prepare a list of such eligible family members, who have applied within the stipulated period of six months and review the status of application once every month to consider the cases received during the previous month. The names of the eligible family members shall be arranged with reference to the date of death or date of receipt of Police investigation report regarding untraceable of missing Government employee. These names shall remain on the list for a period of four year from the date of death and appointments shall be given by the department strictly in accordance with these rules and the seniority so maintained. An application for appointment is to be considered in the light of these rules. The applicant may also be granted personal hearing by the concerned Head of the Department, if necessary, for better appreciation of the facts of the case.
(f) The validity of the names of the eligible family members on the list shall lapse after four years from the date of death or receipt of Police report, as the case may be.
Explanation. - For the purpose of counting the period of four years, any delay caused on account of negligence of an officer/official of the Government can be excluded, provided the delay so caused was on account of such negligence and not on account of normal processing of the case.(g) Where the compassionate appointment is not given to the eligible family member due to non-availability of post within a period of one year, in such case the benefit of compassionate financial assistance shall be sanctioned by the Head of Department with retrospective effect to the eligible family member provided that -
(i) a certificate shall be obtained from the concerned Treasury Officer regarding withholding of Family Pension for future, if the same has already been sanctioned;
(ii) Family Pension Payment Order (FPPO), in original, shall be received back from the Treasury Officer concerned and sent to the Principal Accountant General, Haryana, alongwith complete information in this regard;
(iii) the amount of Family Pension already drawn, if any, shall be recovered from the amount of arrear of compassionate financial assistance; and
(iv) this process shall be completed within a period of ninety days.
After the completion of tenure of Compassionate Financial Assistance, the proposal with the Forms of Family Pension duly filled by the eligible family member would be sent to the Principal Accountant General, Haryana by the Head of Department concerned to resanction the Family Pension afresh to the family member who is eligible at that time. 9. Competent authority for Compassionate Appointment. - (1) The Head of the department, where the deceased or missing Government employee was in service, is competent to give compassionate appointment to the eligible family member. (2) While considering the request of the family of missing Government employee, the results of the Police investigation after a lapse of minimum six months from the date of lodging an First Information Report (FIR) by the family shall be taken into account. 10. Determination/ availability of posts. - (a) Compassionate appointments under these rules shall be made on regular basis only by the competent authority in the parent department of the deceased or missing Government employee or any other department where the post for which the applicant is eligible under these rules and is available meant for that purpose.(b) Compassionate appointments under these rules shall be made up to maximum of 5% of sanctioned posts (falling under direct recruitment quota) in Group C category to be determined by the Head of the Department on the 31st March of each year. However, for compassionate appointment against the post of Group D category there shall be no such percentage of sanctioned post. The appointing authority may hold back upto 5% of posts of Group C posts to be filled by direct recruitment through Haryana Staff Selection Commission or otherwise, so as to fill such posts by appointment on compassionate grounds.
(c) A person selected for compassionate appointment shall be adjusted in the recruitment roster against the appropriate category viz. Scheduled Caste/ Scheduled Tribes/Backward Classes/ General dependent upon the category to which he belongs.
11. Exemption. - Appointment under these rules are exempted from observance of the following requirements: -(a) recruitment without the agency of the Haryana Staff Selection Commission or the Employment Exchange.
(b) ban on filling up of posts by direct recruitment issued by the Finance Department, if any, from time to time.
12. Undertaking by way of an affidavit. - A person appointed under these rules shall give an undertaking in writing by way of an affidavit as in Form CFA-5 that he shall maintain all the other members who were completely dependent on the deceased/missing Government employee; and in case it is proved subsequently, that the family members are being neglected or, are not being maintained by him, his appointment may be terminated forth with. A condition to this effect, shall also be inserted in his appointment letter. 13. No entertainment or request for change in post/ department. - (a) Once an appointment has been offered to the dependent of a deceased or missing Government employee, no request for change of post shall be entertained with respect to any other post or department under any circumstances. In case the offer is not acceptable to him, no further claim shall be entertained.(b) When a person has been appointed under these rules to a particular post, the set of circumstances, which led to such compassionate appointment, shall be deemed to have ceased to exist on such appointment.
Therefore -(i) he/she should strive his/her career like his/her colleagues for future advancement and any request for appointment to any higher post on considerations of compassionate to be rejected;
(ii) any appointment made under these rules shall not be transferred to any other person and any request for the same on considerations of compassion shall be rejected.
14. Seniority. - (a) The inter-se seniority of persons so appointed may be fixed in their respective cadre with reference to their date of appointment. Their interpolation with the direct recruits/promotees may also be made with reference to their dates of appointment without disturbing the inter-se seniority of direct recruits.(b) Date of joining by a person so appointed shall be treated as the date of his regular appointment.
15. General. - (a) Compassionate appointments made under these rules shall be done in such a way that persons appointed to the posts have the essential educational/technical qualifications, age and experience required for the post consistent with the requirement of maintenance of efficiency of administration.(b) Compassionate appointment shall not be denied or delayed merely on the ground that there is reorganization in the department/office. It shall be made available to the person concerned, if there is a vacancy meant for such appointment and he is found eligible and suitable for such appointment.
(c) Compassionate appointment under these rules shall have precedence over absorption of surplus employees and regularization of daily wage/casual workers with/without temporary status.
(d) The eligible family member of the deceased employee shall be required to apply for appointment within six months of the death of the employee. The claim of the eligible family member of deceased or missing Government employee regarding his appointment shall be considered on the basis of circumstances prevailing on the date of death or disappearance of Government employee, as the case may be. It shall be ensured that the dependent who is offered regular employment satisfies the eligibility criteria at the time of offering employment.
(e) Where the children have become orphans upon the demise of the Government employee, the claim of compassionate appointment of such orphans shall remain alive till one child of the deceased has attained the age of majority/minimum age for entry into Government service.
(f) Family Pension shall also be admissible to the family of those deceased or missing Government employees who entered in service on regular basis before the 1st January, 2006, in addition to compassionate appointment under these rules, as per provision in Haryana Civil Services (Pension) Rules, 2016. .
16. Ex-gratia Grant. - In addition to monthly compassionate financial assistance or appointment, a lump sum exgratia grant of Rs. 1,00,000/- (Rupees One lakh only) or as specified from time to time shall be provided to the eligible family member(s) to meet the immediate needs on the loss of the bread earner within the fifteen days from the date of death. The concerned Head of Department shall be the competent authority for sanction of this grant under the relevant head as mentioned in Schedule to these rules. "2235 Social Security and Welfare -60 Other Social Security and Welfare programmes-200 Other Programmes-(X) Ex-gratia grant to the heir of Government employees-79-Ex-gratia." 17. Waiving of recovery of loans and advances of Group C or D employee. - (a) The outstanding amount of loans and advances alongwith interest, if any, namely marriage advance, cycle advance, wheat advance, festival advance availed by a deceased or missing Government employee of Group C or D only shall be waived off for which Head of Department concerned shall be the competent authority.(b) The house building advance and Computer Advance alongwith interest availed if any by a deceased or missing Government employee of Group C or D shall be waived off provided not more than one surviving member of the family of deceased or missing Government is/was employed. The second house building advance or interest thereon, availed if any, shall not be waived off under any circumstances.
(c) The outstanding amount of scooter or motor cycle advance alongwith interest, availed if any, by a deceased or missing Government employee of Group C or D shall be waived off where the death occurs due to accident only and not in other cases.
(d) The expenditure shall be charged to the Object Code - "31-Write off Loans/ Losses" under the functional major head of the concerned department- 800 -Other expenditure - A - Irrecoverable loan written off.
18. Children Education Allowance and reimbursement of tuition fee. - (1) The family of deceased or missing Government employee shall be entitled to children education allowance for first two children upto 10+2 or till such time the deceased Government employee would have actually received the same had he been alive, whichever is earlier, provided the spouse of deceased Government employee is not employed in any Department or Organization under the control of any State Government or Government of India. Thereafter fee on account of tuition fee and laboratory fee equal to the fee of Government Institutions or actually paid, whichever is less, shall be reimbursed for the first two children who are studying in Government or Government Aided or recognized College/Institutions upto the Degree level provided the children get admission in the said course on merit and pass the examination hold from time to time. For this purpose the family has to submit the original fee receipt given by the College/Institution to the Head of Department for sanction of reimbursement of the same. (2) The expenditure shall be charged to the Object Code - "79-Exgratia" under the functional major head of the concerned department. 19. Fixed Medical Allowance. - The family of deceased Government employee shall, during the tenure of Compassionate Financial Assistance, be entitled to avail the benefit of fixed medical allowance or reimbursement of medical expenses at the rate prescribed from time to time on the same terms and conditions as prescribed by Haryana Government for their employees in service. 20. Special benefit to the family of martyred Government employee. - An eligible family member of a martyred Government employee shall, in addition to financial assistance under these rules, also be eligible for appointment to a post of Group C or D feeder post, depending upon the availability of the post and qualification of the applicant. He shall make an application for compassionate appointment within a period of six months in Form CFA-3, to the Head of the Department where the Martyred was working: Provided that where the children have become orphans upon the demise of the Martyred, the claim of appointment of such orphans shall remain alive till one child of the martyred has attained majority/minimum eligible age for entry into Government service.Note. - To allow the benefit of compassionate appointment to the eligible family member, the provisions of minimum service or maximum age of the martyred Government employee shall not be applicable.
21. Emoluments of compassionate financial assistance. - (A) Emoluments for the purpose of determination of compassionate financial assistance under various circumstances shall be as under :-(1) In case of death while on duty, the emoluments for the purpose of determination of compassionate financial assistance shall be equal to last drawn basic pay including special pay in lieu of higher time scale but excluding advance or additional increments, if any, not merged in the basic pay.
Note 1. - No annual increment on compassionate financial assistance shall be granted, however, the benefit of refixation of pay, if any, admissible to the deceased or missing Government employee before the date of death or missing, as the case may be, shall be granted.
Note 2. - On general revision of pay scales of all the employees of Haryana Government, the benefit of fixation of pay from unrevised to revised pay scales for the purpose of compassionate financial assistance shall be admissible.
(2) In case of death while under suspension, the emoluments for compassionate financial assistance shall be determined equal to basic pay immediately drawn before the date of suspension. The increment(s) falling during the period of suspension shall not be taken into account unless the period of suspension is treated as duty by the competent authority.
(3) In case of death during the currency of punishment of withholding of last increment or a series of last increments without cumulative effect, the emoluments for compassionate financial assistance shall be determined equal to the amount which would have been admissible had the deceased Government employee not been awarded such punishment.
(4) In case of death while on leave, the emoluments for compassionate financial assistance shall be determined equal to the amount which would have been admissible had the deceased Government employee been on duty on the date of death.
(5) In case of death during the period of absence related to unauthorized leave pending final decision regarding treatment of the said period, the emoluments for compassionate financial assistance shall be determined equal to the last emoluments drawn immediately before the date of absence.
(B) Compensatory allowances on compassionate financial assistance shall be as under:-
(i) The dearness allowance at the rate prescribed from time to time, fixed medical allowance, if opted, children education allowance subject to eligibility, shall be admissible;
(ii) house rent allowance for a period of two years at the rate drawn immediately before death or admissible at the station from where the Compassionate Financial Assistance is being drawn, whichever is less, or to retain Government accommodation, if already occupied, for a period of two years on payment of normal licence fee;
(iii) Children Education Allowance as per provision in the rule 18 of these rules;
No other allowances including non-practicing allowance, which were being drawn by the deceased or missing Government employee, shall be included in the emoluments for the purpose of compassionate financial assistance. 22. Eligibility of compassionate financial assistance in addition to pension or family pension or dual assistance at a time. - (1) (a) where both husband and wife are employees of a department or an Organization under Haryana Government; or(b) the spouse is an employee of other Government; or
(c) the spouse is a pensioner of Haryana or any other Government,
and both or either of them are/is governed by the provisions of these rules, the compassionate financial assistance in respect of deceased Government employee of Haryana shall be admissible to the eligible family member of the deceased or missing Government employee. In the event of death or ineligibility of surviving spouse before the completion of prescribed period, the compassionate financial assistance shall be payable to the next eligible family member in addition to family pension, if any, in respect of deceased pensioner simultaneously. (2) In the event of death of both husband and wife, referred to sub-rule 1 (a) above, compassionate financial assistance for both deceased Government employees shall be admissible to the eligible family member(s). However, for determination of the total emoluments for compassionate financial assistance (excluding compensatory allowances) in respect of both deceased Government employees shall not exceed the maximum of the highest pay scale of state services or as prescribed from time to time.Note. - As on the date of notification of these rules, the maximum of highest basic pay of the State Services is Rs. 2,24,100/-.
23. Regulation of compassionate financial assistance in case of criminal proceedings. - (1) Where a family member, who in the event of death while in service of a Government employee, is eligible to receive compassionate financial assistance, is charged with the offence of murdering the Government employee or for abetting in the commission of such an offence, the claim of such member, including other eligible member(s) of the family to receive the compassionate financial assistance, shall remain suspended till the conclusion of the criminal proceedings instituted against him. (2) If on the conclusion of the criminal proceedings referred to in sub rule (1), the family member is,-(i) convicted for the murder or abetting in the murder of the Government employee, such a person shall be debarred from receiving the compassionate financial assistance which shall be payable to next eligible member of the family, from the next day of the death of Government employee;
(ii) acquitted of the charge of murder or abetting in the murder of the Government employee, the compassionate financial assistance, shall be payable to such person.
24. Compassionate financial assistance to next eligible member in the event of death of widow/ widower. - Where during the currency of the sanctioned compassionate financial assistance the widow/widower becomes ineligible for compassionate financial assistance due to death or otherwise, it shall be payable to the next eligible family member for the remaining period for which necessary documents alongwith a request in the prescribed form for the grant of compassionate financial assistance shall be submitted by the eligible family member to the competent authority. On receipt of request from the eligible family member, the competent authority shall, after examination, sanction the payment of compassionate financial assistance to the eligible family member. Such member shall also be entitled to receive the arrear of compassionate financial assistance, if any, without production of succession certificate. When no next family member is eligible for compassionate financial assistance, the payment shall cease, however, the payment of arrear of compassionate financial assistance, if any, shall be made on the production of succession certificate. 25. Compassionate financial assistance to judicially separated spouse. - (1) Where a deceased Government employee is survived only by a judicially separated spouse, the compassionate financial assistance in respect of the deceased shall be payable to the surviving spouse: Provided that where judicial separation has been granted on the ground of adultery and the death of the Government employee takes place during the period of such judicial separation, the compassionate financial assistance shall not be payable to the person surviving if such person was held guilty of committing adultery. (2) (a) Where a Government employee dies leaving behind a judicially separated husband or wife with a child or children, the compassionate financial assistance in respect of deceased shall be payable to the surviving person: Provided he or she is the guardian of such child or children. Provided further that where the surviving person has ceased to be the guardian of such child or children, such compassionate financial assistance shall be payable to the person who is the actual guardian of such child or children. Subject to the proviso to sub-rule (1), after the child(ren) cease(s) to be eligible for compassionate financial assistance under this rule, such compassionate financial assistance shall become payable to the surviving judicially separated spouse of the deceased Government employee till his or her death or remarriage, whichever is earlier. 26. Compassionate financial assistance to widows more than one in equal shares. - Where a deceased Government employee is survived by more than one widow, where personal law permits, the compassionate financial assistance shall be payable to the widows in equal shares upto the date of prescribed period or ineligibility, whichever is earlier. When one of them becomes ineligible for compassionate financial assistance, her share of the compassionate financial assistance shall become payable to her eligible child, if any : Provided that if any child of such widow is not eligible for compassionate financial assistance, the share of the compassionate financial assistance shall not lapse but shall be payable to the other widow(s) in equal shares.Note. -The provision of this rule shall not be applicable to Hindu Government employee because any second marriage after the commencement of Marriage Laws (Amendment) Act, 1976 during the lifetime of his first wife is a nullity and have no legal effect. Such second marriage cannot be valid on the ground of any custom. In fact, a custom opposed to an expressed provision of law have no legal effect. So, the second wife shall not be entitled to the compassionate financial assistance as a legally wedded wife.
27. Compassionate financial assistance in equal shares to widow and child from another wife. - Where a deceased Government employee is survived by a widow but has left behind eligible child(ren) from another wife, who is not alive, the eligible child(ren) shall be paid the share of compassionate financial assistance which the mother would have received, if she had been alive at the time of the death of the Government employee: Provided that when the share of compassionate financial assistance payable to such a child or to a widow ceases to be payable, such share shall not lapse, but shall be payable to the other widow and/or to the other child or children otherwise eligible, in equal shares. 28. Compassionate financial assistance in equal shares to widow and child from a divorced wife. - Where the deceased Government employee is survived by a widow but has left behind eligible child(ren) from a divorced wife or wives, compassionate financial assistance shall be payable in equal shares: Provided that when the share(s) of compassionate financial assistance payable to a child(ren) of divorced wife or to widow ceases to be payable, such share, shall not lapse, but shall be payable to the other widow or widows and/or to the other child(ren) otherwise eligible, in equal shares, and thereafter to the next eligible family member. 29. Compassionate financial assistance to the child of marriage, invalided under Marriage Law (Amendment) Act, 1976. - (1) Notwithstanding that a marriage which is null and void under section 11 of the Marriage Law (Amendment) Act, 1976, but the child of such marriage who would have been legitimate if the marriage had been valid shall be legitimate irrespective of the fact whether or not -(a) a decree of nullity is granted in respect of that marriage under this Act;
(b) the marriage is held to be void otherwise than on a petition under this Act.
(2) The right of such child is required to be protected and shall accrue after the date of ineligibility of legally wedded wife. The compassionate financial assistance shall be distributed equally among the eligible child of legally wedded wife and the eligible child covered under sub rule (1): Provided that when the share(s) of compassionate financial assistance payable to such a child ceases, the same shall not lapse but shall be payable to the next eligible child, if there is only one eligible child, in full, to such child, and thereafter to the next eligible family member. 30. Compassionate financial assistance to twin children. - Where the compassionate financial assistance is payable to twin children it shall be paid to such children in equal shares: Provided that when one such child ceases to be eligible his/her share shall be transferred to the other child and when both of them cease to be eligible the compassionate financial assistance shall be payable to the next eligible single child or twin children, as the case may be. 31. Compassionate financial assistance to minor child through natural or de-facto guardian. - In the event of remarriage or death of the widow/widower, if the compassionate financial assistance is payable to the minor child under these rules, it shall be paid through their natural guardian, if any, otherwise through their de-facto guardian on production of indemnity bond till the minor attains the age of eighteen years. In disputed cases, however, payment shall be made through a legal guardian appointed by the Court of law.Note. - Specimen of indemnity bond is available at Annexure CFA-6
32. Compassionate financial assistance to a physically disabled child. - Where the compassionate financial assistance in respect of a deceased Government employee is to be paid to a dependent disabled son or daughter (married or unmarried) who is suffering from any disorder or disability of mind or is physically crippled and is unable to earn a livelihood, it shall be regulated as under:-(1) Where a deceased Government employee is survived by two or more children and one child among them is suffering from disorder or disability of mind or who is physically crippled or disabled and is unable to earn a living, the compassionate financial assistance shall be initially payable to the one elder/eldest among physically fit children until he/she becomes ineligible for the same. Thereafter, compassionate financial assistance shall be paid to the next physically fit children up to the period of eligibility. When all physically fit children become ineligible for compassionate financial assistance, it shall be resumed in favour of the disabled child and shall be paid to him/her through the guardian as if he/she is a minor except in the case of the physically crippled son/daughter who has attained the age of majority.
(2) Compassionate financial assistance shall be payable on production of medical certificate and subject to the following conditions:-
(a) he is incapable of earning his livelihood and was fully dependent upon the deceased Government employee;
(b) person with impairment in functions of the body shall be examined by the Board under the chairmanship of the Civil Surgeon of the District. Board shall include the specialist according to the requirement. The appellant medical board is at Post Graduate Institute of Medical Science, Rohtak. The persons residing in Chandigarh/Panchkula shall also be examined by the Disability Medical Board of General Hospital, Sector -16, Chandigarh and Government Medical College and Hospital, Sector-32, Chandigarh with the appellant Medical Board at Post Graduate Institute of Medical Education and Research, Chandigarh;
(c) the Medical certificate issued by the Medical Board shall be required once in the case of permanent mental or physical disability including mental retardation. Where the disability is temporary, Medical certificate of the medical board shall be required once in every five years to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled;
(d) impairment of more than forty percent of any of the following kind shall be entitled for benefits. Disabilities broadly are of four types:-
(i) Visual;
(ii) Locomotor;
(iii) Speech and hearing;
(iv) Mental disorders.
(a) be discontinued from the date when a blind son of twenty five years or more subsequently is cured and becomes capable of earning or starts earning a living, whichever is the earlier.
(b) remain continue, when a blind daughter is subsequently cured and becomes capable of earning until -
(i) she starts earning a living; or
(ii) gets married;
whichever is earlier.
(5) In case of more than one such child suffering from disorder or disability of mind or who are physically disabled, the compassionate financial assistance shall be paid in the order of their birth and the younger of them shall get the compassionate financial assistance only after the elder next above him/her ceases to be eligible: Provided that where the compassionate financial assistance is payable to disabled twin children it shall be paid in equal shares: Provided further that when one such child ceases to be eligible his/her share shall be transferred to the other child and when both of them cease to be eligible, the compassionate financial assistance shall be payable to the next eligible single child or twin children, as the case may be. (6) The compassionate financial assistance under these rules shall be admissible to the eligible disabled child(ren) whether born before or after death. (7) The person or the guardian who is receiving compassionate financial assistance shall furnish a certificate to the Drawing and Disbursing Officer in the month of January and July every year that the disabled child has not started earning his or her livelihood. (8) Before sanctioning the compassionate financial assistance for life to any such person, the competent authority shall satisfy that the disability is of such a nature so as to prevent him from earning his livelihood and the same should be evidenced by a certificate obtained from a medical board setting out, as far as possible, the exact mental or physically condition of the person.Note. - Physically disabled dependent brother and sister, where eligible, shall also be granted compassionate financial assistance subject to medical examination as laid down in this rule for physically disabled children.
33. Compassionate financial assistance to mother or father of deceased Government employee. - Where the compassionate financial assistance is payable to the dependent parents, in the first instance, it shall be payable to the mother and on her becoming ineligible it shall be payable to the father up to the date of death, ineligibility or prescribed period, whichever is the earliest. Where dependent parents are living separately, the compassionate financial assistance shall be paid to them in equal share. 34. Compassionate financial assistance to the family of a missing Government employee. - (1) Except as otherwise provided in these rules, the compassionate financial assistance to the eligible family member of a missing Government employee shall be paid after the period of six months reckoned from the date of registration of the First Information Report (FIR) with the Police Authorities. The arrear of compassionate financial assistance shall be paid from the date of missing. The indemnity bond shall also be obtained from the family of missing Government employee. (2) A Government employee, against whom the departmental or judicial proceedings were instituted while in service, is disappeared, the provision of this rule shall not be applicable. In such cases decision shall be taken after the conclusion of proceedings pending against the missing Government employee. (3) A Government employee who disappears after committing fraud or crime, the compassionate financial assistance shall be sanctioned only on acquittal by the Court of Law or fully exoneration on conclusion of the departmental proceedings, as the case may be. 35. No recovery of Government dues from compassionate financial assistance. - No recovery of Government dues in respect of deceased Government employee shall be made from the compassionate financial assistance.Note. - For recovery of Government dues, Licence fee etc. See Chapter 3 and 9 of Haryana Civil Services (Pension) Rules, 2016.
36. Steps to be taken by the Head of office in case of death of a Government employee. - (1) On receiving information of death of a Government employee while in service, the Head of Office shall send a letter enclosing the Form CFA-1 to the family of the deceased and ask for the necessary documents mentioned therein. (2) On receiving the documents referred to in sub-rule (1) above, the Head Office shall examine thoroughly and send his recommendations to the Head of Department for sanction of compassionate financial assistance, if admissible. The Head of Department after thorough examination shall issue sanction order of compassionate financial assistance to the eligible family member in respect of deceased Government employee upto the prescribed period or eligibility. 37. Competent authority for sanction of compassionate financial assistance. - Head of Department shall be the competent authority to sanction the compassionate financial assistance for the family of deceased Government employee of any group. However, in case of Head of office the next higher authority shall be competent for the purpose. 38. Procedure for payment of compassionate financial assistance. - After the sanction of compassionate financial assistance by the competent authority, monthly payment shall be made by the Head of Office where the deceased Government employee was posted at the time of death or by the office of any other Head of Office of the same Department anywhere in Haryana opted by the eligible family member, subject to production of necessary documents required from time to time from the family of deceased Government employee. The expenditure shall be charged to the Object Code - "79-Exgratia" under the functional major head of the concerned department. 39. Furnishing of necessary documents. - (1) The following documents are required to be submitted by the eligible family member with the application form for the purpose of compassionate financial assistance:-(i) Application in form CFA-1.
(ii) Certificate of Income of child and/or parent from all sources.
(iii) Certificate of marriage or remarriage, in case of female member.
(iv) Medical certificate of physically disabled child, if any.
(v) Certificate of no judicial proceedings in respect of a criminal case are pending against him/her in any Court of law.
(2) The eligible family member in receipt of compassionate financial assistance shall have to appear personally or furnish life certificate and income certificate duly attested by any gazetted officer or village Sarpanch or Municipal Councillor of the area of his residence to the concerned Head of office once in every six months. 40. Furnishing the size of family on joining and from time to time. - (1) As soon as a person joins Government service on regular basis, he shall give details of his family in Form CFA-4 to the Head of Office. If he has no family at the time of joining, he shall furnish the details in Form CFA-4 as soon as he acquires a family. (2) The Government employee shall communicate to the Head of Office any subsequent change in the size of the family, including the fact of marriage of female child. (3) The Head of Office shall, on receipt of the said Form CFA-4 get it pasted on the service book of the Government employee concerned and acknowledge receipt of the said Form CFA-4 and all further communications received from the Government employee in this behalf. On receipt of communication from the Government employee regarding any change in the size of his family, the Head of Office shall have such a change incorporated in Form CFA-4. (4) As and when the disability manifests itself in a child which makes him/her unable to earn his/her living, the fact shall be brought to the notice of the Head of Office duly supported by a medical certificate issued by the board. The Head of Office shall indicate this in Form CFA-4. 41. Lapses and forfeiture of compassionate financial assistance. - Unless the Government by general or special order otherwise directs, compassionate financial assistance undrawn/unclaimed for a period over one year shall cease to be payable by the disbursing officer. If the claimant afterwards appears or a claim is presented on his behalf, the Head of Department shall revalidate the claim along with arrears of compassionate financial assistance after satisfying himself about the circumstances of the lapse. Claims submitted after a lapse of three years shall be considered by the Administrative Department in consultation with General Administration Department. 42. Power to interpret, amend, relax and removal of doubt. - The power to interpret, change, amend, and relax and removal of doubt of these rules shall lie with the Government.Note 1. - Communications regarding the interpretation and alteration of these rules should be addressed to the General Administration Department through the Administrative Department concerned.
Note 2. - Where the Government in the General Administration Department is satisfied that the operation of any of these rules regulating the conditions of service of Government employees, causes undue hardship in any particular case, it may by order dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.
43. Repeal and Savings. - (1) The Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006, are hereby repealed. (2) Notwithstanding such repeal, all things done or action taken shall be deemed to have been done or taken under these rules.
Form CFA-1 (see rule 5 and 36) |
|||||||||||||||||||||||||||||||||||||||||||||||||||
Application for Compassionate Financial Assistance |
|||||||||||||||||||||||||||||||||||||||||||||||||||
1 |
Name : |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
2 |
Date of Birth : |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
3 |
Date of joining on regular basis of deceased employee/disappeared Government employee: |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
4 |
Date of death/disappearance alongwith copy of death certificate or First Information Report (FIR) |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
5 |
Designation/Post last held : |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
6 |
Last drawn Basic Pay : |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
Full information of Family Member eligible for compassionate financial assistance : |
|||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Paste passport size attested photo of family member eligible for compassionate financial assistance |
|||||||||||||||||||||||||||||||||||||||||||||||||
7 |
Name : |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
8 |
Permanent Address : |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
9 |
Corresponding Address : |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
10 |
Relation with the deceased/disappeared Government employee : |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
11 |
Branch of concerned Department at Tehsil or District Level selected for payment of compassionate financial assistance. |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
12 |
Name of the Bank Bank Account No. IFSC Code Branch Address |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
13 |
Detailed information regarding dependents of deceased/disappeared Government employee |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||
14 |
Any other information |
|
|||||||||||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||||||||
Comments regarding eligibility of compassionate financial assistance:
|
Form CFA-2
(see rule 7)
Application form for compassionate appointment
1. |
Name of the deceased/missing Government employee: |
|
||||||
2. |
Date of birth of deceased/missing Government employee: |
|
||||||
3. |
Date of joining of deceased/missing Government employee: |
|
||||||
4. |
Date of death of deceased Government employee (with proof): |
|
||||||
5. |
Date of missing employee (with proof): |
|
||||||
6. |
Information of the applicant : |
|
||||||
|
(a) |
Name : |
|
|||||
|
(b) |
Address : |
|
|||||
|
(c) |
Relation with the deceased/missing Government employee: |
|
|||||
|
(d) |
Whether fully dependent on the deceased/ missing Government employee? If yes, proof thereof: |
|
|||||
|
(e) |
Source of income: |
|
|||||
|
(f) |
Whether employed or unemployed ? |
|
|||||
|
(g) |
If employed in any Department or Organization under any State Government or Government of India, name of the office and Basic Pay. |
|
|||||
|
(h) |
Whether suffering from any chronic disease or physically handicapped ? |
|
|||||
7. |
Information about the dependents of the deceased/missing Government employee: - |
|
||||||
Name |
Age |
Full address (if in service name of office) |
Income/ Details of Government/ private service |
Monthly Income |
Details of movable/ immovable property and monthly income thereof |
Any other information |
||
1 |
2 |
3 |
4 |
5 |
6 |
7 |
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
(a) |
Widow/Husband |
|
|||||
|
(b) |
Son (unmarried) |
|
|||||
|
(c) |
Unmarried daughters |
|
|||||
|
(d) |
Mother/Father dependent on the deceased/missing Government employee. |
|
|||||
8. |
General Financial position of the family (this information is to be given in affidavit proforma.). |
|
||||||
9. |
Member of the deceased/missing Government employee's family who opts for Government service. His educational qualifications and other information. |
|
||||||
10. |
Any another related information, if any. |
|
||||||
11. |
If the job is given under the scheme, an affidavit is to be enclosed by other family members that they shall not claim further appointment under this scheme. |
|
Place :______________ |
Signature of the applicant and address. |
Date : ______________ |
|
Form CFA-3
(see rule-20)
Application for appointment under rule 20 for one of the dependent family member of Martyred Government employee.
1. |
Name of Martyred : |
|
||||||||||||||||||||||||||||||||||||
2. |
Department : |
|
||||||||||||||||||||||||||||||||||||
3. |
Date of Martyr in certificate |
|
||||||||||||||||||||||||||||||||||||
4. |
Full information of applicant |
|
||||||||||||||||||||||||||||||||||||
|
(i) Name |
|
||||||||||||||||||||||||||||||||||||
|
(ii) Full Address |
|
||||||||||||||||||||||||||||||||||||
|
(iii) Relation with Martyred |
|
||||||||||||||||||||||||||||||||||||
5. |
Information of family of Martyred |
|
||||||||||||||||||||||||||||||||||||
|
|
|||||||||||||||||||||||||||||||||||||
6. |
Educational Qualification and other Information of dependent family member of Martyred and his wife/ dependent interested in Government service. |
|
||||||||||||||||||||||||||||||||||||
7. |
If any employment under this scheme is to be given to person other than wife then "no objection certificate" from other dependent member is to be attached. |
|
Date:________________ |
Signature of Applicant__________________ |
Full Address__________________________
Form CFA-4
(see rule 40)
Details of Family for Compassionate Financial Assistance or Appointment
Name of the Government employee |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Designation |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Date of birth |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Date of appointment on regular basis |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Details of the members of my family as on |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Place: __________________ |
Signature of Government employee |
Dated : _________________ |
|
Countersigned
Signature of Head of office
(with date and stamp of Office)
Form CFA-5
(see rule 11)
Affidavit regarding Declaration
I, _______________________________________ w/o, h/o, s/o, d/o _________________________ ________________________________ resident ______________________________________________________ of _______________________________________________________ , do hereby solemnly affirm and declare as under: -(1) I shall maintain properly the other family members who were dependent on the deceased/missing Government employee mentioned in the form enclosed herewith and in case it is proved at any time that the said family members are being neglected or not being properly maintained by me, my appointment may be terminated.
(2) That the facts given by me above are, to the best of my knowledge, correct. If any of the facts herein mentioned are found to be incorrect or false at a future date, my services may be terminated.
Place: __________________ |
Deponent |
Dated : _________________ |
|
Place: __________________ |
Deponent |
Dated : _________________ |
|
Form CFA-6
Indemnity Bond
(see rule 31)
(To be furnished by the de facto guardian of minor eligible family member of deceased or missing Government employee)
Know all men by these presents that we (a).............................................................................................................. (b).......................................................................................................................................the widow/son/brother, etc., of (c)...................................................................................................deceased/missing Government employee, resident of ..........................................................................................................................................................................................of .................................................................. and .................................................................. son/wife/daughter of ............................................................................................................................................................................resident of .......................................................................................................................................the sureties for and on behalf of the Obligor (hereinafter called "the Sureties") are held firmly bound to the Governor of Haryana (hereinafter called " the Government" ) in the sum of Rs................................................................................................... (Rupees......................................................................................................only) well and t ruly to be paid to the Government on demand and without a demur together with simple interest at the rate prescribed by Government for General Provident Fund from the date of payment until repayment is made, we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents. Signed this .................................day of ..............................two thousand and ......................... .......................... Whereas (c)...........................................................was at the time of his disappearance in the employment of the Government/receiving a Compassionate Financial Assistance at the rate of Rs....................... (Rupees...........................................................................................only) per month from the Government. And whereas the said (c)............................................................disappeared on the .....................day of .............................................................. 20......................... and a sum of Rs......................................... (Rupees ................................................................................................................................. only) per month is to be paid towards compassionate financial assistance to his family members. And whereas the Government has no objection to the payment of the said sum to the Obligor but under Government Rules and Orders, it is necessary for the Obligor to first execute a bond with one surety/two sureties to indemnify the Government against all claims to the amount so due as aforesaid to the said (c)..........................................................................before the said sum can be paid to the Obligor. And whereas the Obligor and at his/her request the surety/sureties have agreed to execute the bond in the terms and manner hereinafter contained. Now the condition of this bond is such that if after payment has been made to the Obligor, the Obligor and/or the surety/sureties shall in the event of a claim being made by any other person against the Government with respect to the aforesaid sum of Rs............................................refund to the Government the said sum of Rs................................................and shall otherwise indemnify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sum and all costs incurred in consequence of the claim thereto THEN the above written bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue. And these presents also witness that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the surety/sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties, shall but for this provision have the effect of so relating the surety/sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the surety/sureties or either of them for the amount due hereunder, and the Government agrees to bear the stamp duty, if any, chargeable on these presents. In witness whereof the Obligor and the surety/sureties hereto have set and subscribed their respective hands hereunto on the day, month and year above written. Signed by the above named 'Obligor' in the presence of1. ___________________________
2. ___________________________
Signed by the above named 'Surety'/ 'Sureties'1. ___________________________
2. ___________________________
Accepted for and on behalf of the
Governor of Haryana by
___________________________________
(Name and designation of the Officer directed or
authorized to accept the Bond for and on behalf of the
Governor of Haryana)
1. ______________________________________________.
2. _______________________________________________
(Name and designation of witness)
Note 1. - (a) Full name of the claimant referred to as the 'Obligor'.
(b) State relationship of the Obligor to the deceased.
(c) Name of the deceased Government Officer.
(d) Full name or names of the sureties with name or names of the father(s)/husband(s) and place of residence.
(e) Designation of the officer responsible for payment.
Note 2. - The Obligor as well as the Sureties shall have attained majority so that the bond may have legal effect or force.
Indemnity Bond
(See rule 34)
(To be furnished by the eligible family member in case of missing Government employee)
Know all men by these presents that we [(a)] ______________________________________________________ [(b)]___________________________________________________ the widow / son / brother / nominee, etc., of [(c)]_____________________________________ who was working as _________________ (Designation) in the _____________________________________ Department/Office is reported to have been missing since ____________________________________ (hereinafter referred to as 'missing Government employee' resident of ________________________________________________________________ (hereinafter called "the Obligor") and [(d)]________________________________ (Son/wife/daughter) of Shri _______________________________ resident of ____________________________________________ and ______________________________ son/wife/daughter of Shri ________________________________________________________________ resident of ___________________________________________ the Sureties for and on behalf of the Obligor (hereinafter called "the Sureties") are held firmly bound to the Governor of Haryana (hereinafter called "the Government") equivalent to the amount received on account of payment of Compassionate Financial Assistance well and truly to be paid to the Government, on demand and without a demur together with simple interest at the rate prescribed by Government for General Provident Fund from the date of payment until repayment is made, we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents. Signed this _________________________________________________________ day of two thousand and __________________________. Whereas (c) ____________________________________ was, at the time of his disappearance, a Haryana Government employee receiving pay and allowances from the Government. And whereas the said (c) ___________________________ disappeared on the ____________________ day of____________________ 20______ and there was due to him at the time of his disappearance the sum equivalent to the amount on account of payment of arrear of pay and allowances. And whereas the Obligor is entitled to Compassionate Financial Assistance of Rs. ________________ plus compensatory allowances admissible under the rules. And whereas the Obligor has represented that he/she is entitled to the aforesaid sum and approached the Government for making payment thereof to avoid undue delay and hardship. And whereas the Government has agreed to make payment of the said sum of Rs.__________________ _____________________________________ (in words) as arrear of pay and allowances plus monthly Compassionate Financial Assistance to the Obligor upon the Obligor and the Sureties entering into a Bond in the above mentioned sum to indemnify the Government against all claims to the amount so due to the aforesaid missing Government employee. And whereas the Obligor and at his/her request the Surety/Sureties have agreed to execute the Bond in the terms and manner hereinafter contained. Now the condition of this bond is such that, if after payment has been made to the Obligor, the Obligor and/or the Surety/Sureties shall in the event of a claim being made, by any other person or the missing Government employee on appearance, against the Government with respect to the aforesaid sum of Rupees __________________ __________________________________________ (in words) and the sums paid by the Government as aforesaid then refund to the Government the said sum of Rupees ___________________ ______________________________________________________________ (in words) and each and every sum paid by Government as Compassionate Financial Assistance together with simple interest equal to the rate of General Provident Fund and shall, otherwise, indemnify and keep the Government harmless and indemnified against and from all liabilities in respect of the aforesaid sums and all costs incurred in consequence of the claim thereto THEN the above-written Bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue. And these presents also witness that the liability of the Surety/ Sureties hereunder shall not be impaired or discharged by reason or time being granted by or any forbearance act or omission of the Government whether with or without the knowledge or consent of the Surety/Sureties in respect of or in relation to the obligations or conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provision shall have no effect of so releasing the Surety/Sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the Surety/Sureties or either of them for the amount due hereunder. In witness whereof the Obligor and the Surety/Sureties hereto have set and subscribed their respective hands hereunto on the day, month and year above-written. Signed by the above named 'Obligor' in the presence of1. ___________________________
2. ___________________________
Signed by the above named 'Surety'/ 'Sureties'1. ___________________________
2. ___________________________
Accepted for and on behalf of the Governor of Haryana by
_____________________________________________________________________
(Name and designation of the Officer directed or authorized to accept the Bond for and on behalf of the Governor of Haryana)
in the presence of1. ___________________________________
2. ____________________________________
(Name and designation of witness)
Note. - The Obligor as well as the Sureties shall have attained majority so that the bond may have legal effect or force.