Adjustment of Government dues

0C. Adjustment of Government dues (1) Dues pertaining to Government accommodation - (i) If on the date of death the Government servant was allottee of Government accommodation, the Head of Office on receipt of intimation regarding the death of the Government servant shall within seven days of the receipt of such intimation, write to the Directorate of Estates for the issue of `No demand certificate' so that authorization of family pension and 1 [death gratuity] is not delayed. While addressing the Directorate of Estates for the issue of no demand certificate, the Head of Office shall also supply the following information in duplicate (one copy marked to the Rent Wing and the second to the Allotment Wing) :- (a) name of the deceased Government servant with designation ; (b) particulars of the accommodation (quarter No., type and locality) ; (c) date of death of Government servant ; (d) whether the Government servant was on leave at the time of his death and, if so, the period and nature of leave ; (e) whether the Government servant was enjoying rent-free accommodation ; (f) the period up to which licence fee had been recovered from the pay and 1/30/2019 CHAPTER IX http://persmin.nic.in/pension/rules/pencomp9.htm#Obtaining%20of%20claims%20for%20family%20pension 14/16 allowances of the deceased Government servant and the monthly rate of recovery and particulars of the pay bill under which last recovery was made ; (g) if the licence fee had not been recovered up to the date of death and the family intends to retain Government accommodation for ^[the permissible period thereafter], details of the :- (A) period for which licence fee still remains to be recovered ; (B) the amount of licence fee in respect of the period at (A) to be determined on the basis of the standard rent bill ; (C) the amount of licence fee for the retention of Government accommodation by the family of the deceased Government servant for the concessional period of four2 months beyond the date of death of the Government servant to be determined on the basis of standard bill ; (D) the amount of licence fee mentioned at (B) and (C) proposed to be recovered out of 1 [death gratuity] ; (E) details of any previous reference from the Directorate of Estates having bearing on the recovery of licence fee outstanding against the allottee and action taken thereon. (ii) The Head of Office shall recover from the 1 [death gratuity] the amount of licence fee as intimated to the Directorate of Estates under Clause (i). (iii) The recovery of licence fee for the occupation of Government accommodation beyond the permissible period of four2 months shall be the responsibility of the Directorate of Estates. (iv) The Directorate of Estates shall scrutinize their records with a view to determine if licence fee other than the licence fee referred to in Clause (i) was outstanding against deceased Government servant. If any recovery is found, the amount and the period or periods to which such recovery or recoveries relate shall be communicated to the Head of Office within a period of three months of the receipt of intimation regarding the death of the Government servant under Clause (i). (v) Pending receipt of information under Clause (iv), the Head of Office shall withhold ten per cent of the 2 [death gratuity] or one thousand rupees, whichever is less. (vi) If no intimation is received by the Head of Office within the period prescribed under Clause (iv) regarding recovery of licence fee, it shall be presumed that nothing was revocerable from the deceased Government servant and the amount of gratuity withheld shall be paid to the person or persons to whom the amount of death gratuity was paid. (vii) If the Head of Office has received intimation from the Directorate of Estates under Clause (iv) regarding licence fee outstanding against the deceased Government servant, the Head of Office shall verify from the acquittance rolls if the outstanding amount of licence fee was recovered from the pay and allowances of the deceased Government servant. If as a result of verification, it is found that the amount of licence fee shown as outstanding by the Directorate of Estates, had already been recovered, the Head of Office shall draw the attention of the Directorate of Estates to the pay bills under which the necessary recovery of the licence fee was made and subject to the provisions of sub-rule (2) take steps to pay the amount of the gratuity withheld under Clause (v) to the person or persons to whom the death gratuity was paid. (viii) If the outstanding amount of licence fee was not recovered from the pay and allowances of the deceased Government servant, the outstanding amount shall be adjusted against the amount of the gratuity withheld under Clause (v) and the balance, if any, repaid to the person or persons to whom the amount of 1 [death gratuity] was paid. ^[(ix) Any amount of licence fee or damages, remaining unpaid after adjustment from the withheld amount of gratuity, may be ordered to be recovered by the Head of Office through the Accounts Officer concerned from the 1/30/2019 CHAPTER IX http://persmin.nic.in/pension/rules/pencomp9.htm#Obtaining%20of%20claims%20for%20family%20pension 15/16 dearness relief without the consent of the family pensioner and in such cases no dearness relief shall be disbursed until full recovery of such dues has been made.] (2) Dues other than those referred to in sub-rule (1) - The Head of Office shall, within one month of the receipt of intimation regarding death of a Government servant take steps to ascertain if any dues as referred to in Rule 71 excluding the dues pertaining to the allotment of Government accommodation were recoverable from the deceased Government servant. Such ascertainable dues shall be recovered from the amount of 1 [death gratuity] becoming payable to the family of the deceased Government servant. Footnote : 1. Substituted by G.I., Dept. of P. & P.W., Notification No. 2/18/87-P. & P.W. (PIC), dated the 20th July, 1988. Published as S.O. No. 2388 in the Gazette of India, dated the 6th August, 1988. 2. Now twelve months - vide S.R. 317-B-11 (2). ^ Substituted/inserted vide GSR 628(E), dated 1st September, 2014, Government of India, Department of Pension & Pensioners' Welfare Notification No.1/19/2013-P&PW(E), dated 29th August, 2014