Payment of ex-gratia compensation to family of polling personnel who die or sustain injuries while on election duty
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110001
Dated: 25th April, 2014
1. The Chief Secretaries of all States/1st
2. The Chief Electoral Officers of all States/UTs
Subject: Payment of ex-gratia compensation to family of polling personnel who die or sustain injuries while on election duty – regarding.
Reference: Commission’s Letters (i) No.2l8/6/2014/EPS dated 25.03.2014; (ii) No.218/6/2009/EPS
dated 17.02.2009; (iii) No.218/6/2006/EPS dated 05.11.2008; (iv) No. 218/6/2003 PLN-I
dated 06.02.2003; (v) No. 218/6/98/PLN-l dated 25.11.1998; & (vi) No. 218/6/96-PS-11 dated 08.10.1996
The Commission vide its letter of even number dated 25.03.2014 has revised the earlier slabs (as envisaged vide its order dated 17.02.2009) for ex-gratia payment in the event of any mishap to the election related officials. The revised slabs are as follows:
I. An amount of Rs.10 lakhs as the minimum amount to be paid to the next of kin of the official in the unfortunate event of death of the official while on election duty.
II. 1f the death is unfortunately caused due to any violent acts of extremist or unsocial elements like, road mines, bomb blasts, armed attacks, etc. the amount of compensation would be Rs.20 lakhs.
III. In the case of permanent disability, like loss of limb, eye sight, etc., a minimum ex-gratia payment of Rs.5 lakhs would be given to the official (which would be doubled in the case of such mishaps being caused by extremist or unsocial elements as aforesaid).
2. Now it has been brought to the notice of the Commission that some of the States are not extending the payment of ex-gratia to personnel of the CAPFs.
3. In this connection, the MHA has also requested the Commission that the compensation amount as per Commission’s order dated 25.03.2014 should include all the CAPFs/SAPS and other security force personnel deployed for election duty. The Commission. has considered the matter and following clarifications are issued as under:
a) Payment of ex-gratia compensation to family of polling personnel who die or sustain injuries while on election duty will be applicable to all personnel deployed in all types of election related duties, all security personnel including (CAPFs, SAPS, State Police, Home Guards, etc.), any private persons like drivers, cleaners, etc., hired for deployment for election duty. (The category of persons has been defined vide Commission ’s letter No. 218/6/98/PLN-1 dated 25.11.1998 No. 218/6/2003 PLN-I dated 06.02.2003).
b) The applicable period of election duty would start from the date of the announcement of the elections.
c) It is clarified that it would be reasonable to consider a person on election duty as soon as he/she leaves his/her residence/officeio reportfor any eLeCtioni related duty including training and until he/she reaches back his/her residence/office after performance of his/her election related duty. If any mishap takes place duringithis period, it should be treated as having occurred on election duty subject to condition that there should be a causal connection between occurrence of death/injury and the election duty. (As explained in Commission ’5 letter No.218/6/2006/EPS dated 0511,2008)
d) Payment of ex-gratia compensation prescribed by the Commission vide its letter dated 25.03.2014 will also be applicable to the CAPFS/SAPS and other security forces personnel deployed for election duty and this will be in addition to the compensation already being paid by the MHA under extant guidelines issued by DOP & PW, MHA and State Governments.
e) The expenditure on account of payment of ex-gratia compensation to the polling personnel is wholly borne by Government of India during elections to Lok Sabha and by the State Government during elections to Legislative Assemblies and shared on a 50:50 basis during simultaneous elections to Lok Sabha and Legislative Assembly by the Government of India and concerned State Governments. The share of the Government of India is paid by the Ministry of Law, Justice & Company Affairs (Legislative Department). (As explained vide Commission ’s letter No. 218/6/96-PS-II dated 08.10.1996).
f) It may be further clarified that in case of Lok Sabha elections, the payment of ex-gratia compensation shall be made by the State Government initially and the claims shall be made to the Government of India later on.
g) The CEOs and DEOs shall track death/injury cases and send a consolidated report from time to time to the Commission.