Serial No.

Reference No.

Date

Subject

PART I - RULES

1.

Notification No. 25585-Gen.

24-09-1990

Orissa Civil Service (Rehabilitation Assistance) Rules, 1990.

PART II – INSTRUCTIONS

1.

Resolution No. 21684-Gen.

09-09-1982

Rehabilitation Assistance to the family of deceased or permanently disabled Government servant who suffers such disability while in Government service.

2.

Resolution No. 20306-Eys.

20-05-1985

Rehabilitation Assistance to the familys of Non-Government Primary School Teachers Under Education and Youth Services Department.

3.

Circular No. 13781-Gen.

03-05-1988

R. A. to the families of deceased on permanently disabled Govt. Servants who die or suffer such disability while in Service.

4.

Circular No. 4569-Gen.

22-02-1993

Orissa Civil Service (Rehabilitation Assistance) Rules, 1990.

5.

Circular No. 27924-Gen.

24-10-1996

Issue of clarification regarding employment under R. A. Scheme.

6.

Resolution No. 29686-Gen.

14-10-1998

Applicability of provisions laid down in the O. C. S.(R. A.) Rules, 1990 to the families of Non-Govt. Primary School Teachers and others.

7.

Circular No. 39937-Gen.

30-11-1998

Amendment  to Orissa Civil Service(R. A.) Rules, 1990 clarification thereof.

8.

Circular No. 3033-Gen.

28-01-1999

Appointment of family members of the deceased employees Under R. A. Scheme Under Rullings of the Hon’ble Supreme Court of India.

9.

Circular No. 11928-Gen.

22-04-1999

Clarification in respect of Orissa Civil Service (R. A.) Rules, 1990.

21-07-1999

Short Title and commenceme-nt.

1. (1) These rules may be called the Orissa Civil Service (Rehabilitation Assistance)  Rules, 1990.

(2) They shall come into force on the date of their publication in the Orissa Gazette.

Definitions

2. In these rules, unless the context otherwise requires -

(a)

¹[‘Deserving Case’ means a case where the appointing authority is satisfied, after making such enquiry as may be necessary :-

(i)

that the death of the employee has adversely affected his family financially because the family has no other alternative mode of livelihood;

(ii)

that there is existence of distress condition in the family after death of the employee;

(iii)

that none of the family members of the employee who has died while in service is already in the employment of Government/Public or Private Sector or engaged in independent business with an earning above Rs. 20, 000 (Rupees twenty thousand) a year; and

(iv)

that the family does not have adequate income from the immovable properties to earn its livelihood.]

Explanation – The income of any earning member will be taken into account for the purpose of assessing the annual gross income of the family if his separation from the family has not been established by registered partition deed made prior to the death of the Government employee.

(b)

‘Family Members’ shall mean and include the following members in order of preference -

(i)

Wife/Husband;

(ii)

Sons or step sons or sons legally adopted through a registered deed;

(iii)

Unmarried daughters and unmarried step daughter;

(iv)

²[Widowed daughter or daughter-in-law residing permanently with the affected family.]

(v)

Unmarried or widowed sister permanently residing with the affected family;

³[(vi)

Brother of unmarried Government servant who was wholly dependant on such Government servant at the time of death]

1.

Substituted vide G. A. Department Notification No. 28761, dated the 7th October 1998 published in Orissa Gazette and given effect to from the 8th October 1998.

2.

Substituted vide G. A. Department Notification No. 16289, dated the 26th July 1993 and given effect to from the 24th October 1990.

3.

Inserted vide G. A. Department Notification No. 26303, dated the 6th October 1999 and given effect to from the 1st October 1999.

(c)

Government means the Government of Orissa;

(d)

¹[**];

(e)

²[‘Rehabilitation Assistance’ means the assistance provided under these rules to a member of the family of Government servant who died while in service];

(f)

‘Year’ means the calendar year.

Applicability

3. ³[The assistance shall be applicable to a member of the family of the Government servant who dies while in service.]

Objective of the scheme.

4. ⁴[The rehabilitation assistance is conceived as a compassionate measure of saving the family of a Government servant from immediate distress when the Government servant suddenly dies while in service. The concept is based on the premises that in case of sudden death his family would not face starvation. The scheme has a direct relationship with the economic condition of the family of the Government servant. Appointment of the family member of the Government servant under these rules shall be subject to the provisions contained in Rule 9 and can not be claimed as a matter of right.]

Appointment to be made in deserving cases.

5. ⁵[ In deserving cases, a member of the family of the Government servant who dies while in service. may be appointed to any Group C or Group D posts only by the appointing authority of that Deceased Government servant provided he/she possesses requisite qualification prescribed for the post in the relevant recruitment rules or instructions of the Government without following the procedure prescribed for recruitment to the post either by statutory rules or otherwise irrespective of the fact that recruitment is made by notification of vacancies to the Employment Exchange or through recruitment examination under relevant recruitment rules. At the time of notifying such vacancies to the Employment Exchange or the examining authority, the employer shall clearly mention that the vacancy is proposed to be filled up under rehabilitation assistance scheme and so, sponsoring of candidates by Employment Exchange or the examining authority is not necessary.]

Authority competent to make compassionate appointment.

6. The authority competent to make substantive appointment to the post shall be the competent authority to make appointment under these rules.