Adjustment and recovery of dues pertaining to Government accommodation

72. Adjustment and recovery of dues pertaining to Government accommodation (1) The Directorate of Estates on receipt of intimation from the Head of Office under sub-rule (1) of Rule 57 regarding the issue of No Demand Certificate shall scrutinize its records and inform the Head of Office ^[within two months], if any licence fee was recoverable from him in respect of the period prior to eight months of his retirement. If no intimation in regard to recovery of outstanding licence fee is received by the Head of Office by the stipulated date, it shall be presumed that no licence fee was recoverable from the allottee in respect of the period preceding eight months of his retirement. (2) The Head of Office shall ensure that licence fee for the next eight months, that is up to the date of retirement of the allottee, is recovered every month from the pay and allowances of the allottee. (3) Where the Directorate of Estates intimates the amount of licence fee recoverable in respect of the period mentioned in sub-rule (1), the Head of Office shall ensure that outstanding licence fee is recovered in instalments from the current pay and allowances of the allottee and where the entire amount is not recovered from the pay and allowances, the balance shall be recovered out of the gratuity before its payment is authorized. (4) The Directorate of Estates shall also inform the Head of Office the amount of licence fee for the retention of Government accommodation for the permissible period ^ [ ] beyond the date of retirement of the allottee. The Head of Office shall adjust the amount of that licence fee from the amount of the gratuity together with the unrecovered licence fee, if any, mentioned in sub-rule (3). (5) If in any particular case, it is not possible for the Directorate of Estates to determine the outstanding licence fee, that Directorate shall inform the Head of Office that *[ten per cent of the gratuity] may be withheld pending receipt of further information. (6) *[The recovery of licence fee (where it is not possible for the Directorate of Estates to determine the outstaning license fee) as well as damages (for occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee) shall be the responsibiity of the Directorate of Estates and the withheld amount of gratuity under sub-rule (5) above, the retiring Government employee, who are in occupation of Government acommodation, shall be paid immediately on production of 'No Demand Certificate' from the Directorate of Estates ater actual vacation of the Government accommodation; (7) The Directorate of Estates shall ensure that "No Demand Certificate" shall be given to the Government employee within a period of fourteen days from the actual date of vacation of the Government accommodation and the allottee shall be entitled to payment of interest (at the rate applicable to General Provident Fund deposit determined from time to time by the Government of Indai) on the excess withheld amount of gratuity which is required to be refunded, after adjusting the arrears of license fee and damages, if any, payable by the allottee and the interest shall be payable by the Directorate of Estate through the concerned Accounts Officer of the Government Employee from the actual date of vacation of the Government accommodation up to the date of refund of excess withheld amount of gratuity; (8) On account of license fee or damages remaining upaid after adjustment from the withheld amount of gratuity mentioned under sub-rule (5) above, may be ordered to be recovered by the Directorate of Estates through the concerned Accounts Officer from the Dearness Relief without the consent of the pensioners and in such cases no Dearness Relief shall be disbursed until full recovery of such dues has been made.] 1/30/2019 CHAPTER VIII http://persmin.nic.in/pension/rules/pencomp8.htm#Preparation%20of%20list%20of%20Government%20servants%20due%20for%20retirement 48/58 NOTE. - For the purpose of this rule, the licence fee shal also include any other charges payable by the allottee for any damage or loss caused by him to the accommodation or its fittings. Footnote : 1. Substituted by G.I., Dept. of P. & P.W., Notification No. 42 (30)-P. & P.W./89-E, dated the 22nd January, 1991, published as S.O. No. 409 in the Gazette of India, dated the 9th February, 1991. 2.Inserted by G.I., Dept. of P. & P.W., Notification No. 42 (30)-P. & P.W./89-E, dated the 22nd January, 1991, published as S.O. No. 409 in the Gazette of India, dated the 9th February, 1991. * Inserted/Substituted by D/o.P&PW's Notification No.20/16/1998-P&PWF) dated the 7th April 2010 published in S.O No.829(E) dated 12.4.2010. ^ Substituted 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