Central
Government Account (Receipts and Payments) Rules, 2022
[20th
August 2022]
G.S.R. 644(E).-In
exercise of the powers conferred by clause (1) of article 283 of the
Constitution, and in supersession of the Central Government Account (Receipts
and Payments) Rules, 1983 and the Treasury Rules of the Central Government,
except as respects things done or omitted to be done before such supersession,
the President hereby makes the following rules regulating the custody of the
Consolidated Fund of India, the Contingency Fund of India, the payment of
moneys into such Funds, the withdrawal of moneys therefrom, the custody of
public moneys other than those credited to such Funds received by or on behalf
of the Government of India, their payment into the Public Account of India and
the withdrawal of moneys from such Account and other matters related thereto,
namely:-
Rule - 1. Short title, commencement and applicability.
(1)
These rules may be called
the Central Government Account (Receipts and Payments) Rules, 2022.
(2)
They shall come into force
on the date of their publication in the Official Gazette.
(3)
They shall apply to all
transactions pertaining to the Central Government Ministries and Departments
including Defence, Posts, Telecommunications, Railways, National Capital
Territory of Delhi and Union territories without Legislature.
Note: These rules
shall be applicable to National Capital Territory of Delhi to the extent of
Central Government Account operations.
Rule - 2. Definitions.
In these rules, unless the context otherwise requires,-
(a)
"accredited bank"
in relation to a Ministry or Department, or Union territory without Legislature
means the Reserve Bank or its agent under section 45 of the Reserve Bank of
India Act, 1934 (2 of 1934) which is appointed to transact business of the
Government pertaining to that Ministry or Department or Union territory without
Legislature with the approval of Controller General of Accounts;
(b)
"authorised mode for
receipts into Government Account" means electronic mode (namely using
internet banking, debit or credit cards, Real Time Gross Settlement, National
Electronic Fund Transfer or in such other form as recognised by Government) or
cheque or demand draft or postal order or money order or cash (namely in coins
and notes) or in such other form as may be specified by Government from time to
time;
(c)
"authorised mode for
payments from Government Account" means Payment advice or Cheque or Demand
Draft or Postal Order or Money Order or Cash (namely in coins and notes) or in
such other form as may be specified by Government from time to time;
(d)
"authorised
departmental regulations" means regulations made by the Departments of the
Government in consultation with the Department of Expenditure, Ministry of
Finance;
(e)
"bank" means any
branch of the State Bank of India acting as the agent of the Reserve Bank in
accordance with the provisions of the Reserve Bank of India Act, 1934 (2 of
1934) or any branch of a bank as may be appointed by the Reserve Bank as its
agent under the provisions of sub-section (1) of section 45 of the said Act;
(f)
"bank account"
means an account (drawing, assignment etc.) maintained by the Pay and Accounts
Officer or a departmental officer in an accredited bank of a Ministry or
Department of Government;
(g)
"bill" means a statement
of claims by Drawing Officer, either ink signed in physical form or digitally
signed in electronic form (e-bill) through the designated electronic payment
platform used by PAO or DDO of the Ministries or Departments against the
Government containing specifications of the nature and amount of the claim for
payment;
(h)
"Central Pension
Accounting Office (CPAO)" means an attached office under the organisation
of Controller General of Accounts, responsible for payment and accounting of
pensions through authorised banks in respect of employees retired from Central
Government Ministries or Departments (except Railways, Posts and Defence),
National Capital Territory of Delhi, Union territories without Legislature,
Former Members of Parliament, retired Judges of the Supreme Court and the High
Courts, All India Service Officers, pension and other amenities to the former
Presidents and Vice-Presidents of India, freedom fighters and pension or family
pension to the pensioners covered under National Pension System and entrusted
with the responsibility of administering the "Scheme for Payment of
Pensions to Central Government Civil Pensioners by Authorised Banks";
(i)
"Central Treasury"
means and includes any treasury or sub-treasury and treasuries in Union
territories without Legislature other than a treasury or sub-treasury under
control of a State Government;
Note: Central Treasury is in operation at Union territory
of Chandigarh, the cash business of which is conducted by the bank;
(j)
"challan" means a
document maintained for the purpose of account for the receipt transactions,
either ink signed in physical form or such other form including electronic form
(e-challan) as recognised by Government containing the particulars of the
person who remit the amount to Government, head of account, etc.;
(k)
"Cheque Drawing and
Disbursing Officer (CDDO)" means a drawing and disbursing officer(DDO)
functioning under a Ministry or Department (including Central Public Works
Department, Forest Department and departments in which the provisions of
Central Public Works Account Code are authorised to be followed) or a Union
territory without Legislature, is authorised to withdraw money for specified
types of payments against an assignment issued by respective PAO in an
assignment account opened in favour of Cheque Drawing and Disbursing Officer in
specified branch of an accredited bank;
(l)
"claim" means a
statement of claims by a claimant (Government servants or suppliers of goods or
services) either ink signed in physical form or digitally signed in electronic
form (e-claim) or in such other form as recognised by Government through the
designated electronic payment platform used by PAO or DDO of the Ministries or
Departments, against the Government containing specifications of the nature and
amount of the claim for payment;
(m)
"competent
authority" means the Government or any other authority to whom the
relevant power may be delegated by that Government;
(n)
"Comptroller and
Auditor-General (CAG)" means the Comptroller and Auditor-General of India
appointed under article 148 of the Constitution;
(o)
"Consolidated
Fund" means the Consolidated Fund of India as referred to in clause (1) of
article 266 of the Constitution;
(p)
"Contingency Fund"
means the Contingency Fund of India established under the Contingency Fund of
India Act, 1950(49 of 1950);
(q)
"Controller General of
Accounts (CGA)" means the Controller General of Accounts in the Ministry
of Finance, Department of Expenditure who is responsible for consolidation of
monthly accounts, preparation of annual accounts of the Government,
establishing and maintaining a technically sound payment-cum accounting system
in the departmentalised accounts offices and for specifying the rules for
regulating the custody, payment into and withdrawal of money from the
Government Account and also the Principal Adviser on the accounting matters to
the Government and responsible for exchequer control, internal audit and for
technically sound management accounting system;
(r)
"departmental
officer" means an officer of the Government authorised to handle
Government money;
(s)
"Drawing and Disbursing
Officer (DDO)" means a Head of office and also any other Gazetted officer
so designated by a Department of the Government, a Head of Department or an
administrator, to draw bills and make payments on behalf of the Government;
(t)
"Government" means
the Central Government and the Union territories without Legislature;
(u)
"Government
Account" means the account relating to the Consolidated Fund, the
Contingency Fund and the Public Account;
(v)
"Head of Accounting
Organisation" means an officer of organised Accounts Services functioning
as the Head of Accounting Organisation of the Ministry or Department under the
Scheme of Departmentalisation of Accounts;
(w)
"Pay and Accounts
Officer (PAO)" means an officer of Accounting Organisation of a Ministry
or Department or Union territory without Legislature functioning under the
scheme of Departmentalisation of Accounts who is responsible for receipts,
payments including Direct Benefit Transfer, bank coordination including
Treasury Single Account(TSA) system, internal audit and accounting functions of
an office or Department or Ministry as assigned by the Government;
(x)
"Payment advice"
means the instructions issued to the Reserve Bank or to the accredited bank for
direct credit through authorised mode, either electronically or otherwise of a
specified amount to the specified bank account of the payee;
(y)
"payment scroll"
means a statement either ink signed in physical form or such other form
including electronic form (e-payment scroll) as recognised by Government, of
payment claimed by the bank of a Ministry or Department from the Government
Account at Reserve Bank;
(z)
"Principal Accounts
Officer" means an officer of Accounting Organisation of a Ministry or
Department or Union territory without Legislature functioning under the scheme
of Departmentalisation of Accounts who is responsible for administering and
coordinating receipts, payments, internal audit and accounting functions of all
the Pay and Accounts Offices of a Ministry or Department falling under his or
her accounting jurisdiction;
(aa)
"public account" means the
public account of India referred to in clause (2) of article 266 of the
Constitution;
(ab)
"Personal Deposit Account" is
an account which is authorised to be opened in the public account portion of
Government Account in an accredited bank with the approval of Controller
General of Accounts in Central Civil Ministries and Departments and approval of
competent authority in Railways, Post and Defence, intended to facilitate the
designated officer to credit receipts into and effect withdrawals directly from
the account, subject to overall check being exercised by the designated officer
and also by the bank;
(ac)
"public debt" means Government
borrowing from internal and external sources;
(ad)
"receipt scroll" means a
statement either ink signed in physical form or in such other form including
electronic form (e-receipt scroll) as recognised by Government, of receipts
received and remitted by the accredited bank or agency bank of a Ministry or
Department to the Government Account at Reserve Bank;
(ae)
"Reserve Bank" means any office
or branch of the Banking Department of the Reserve Bank of India constituted
under the Reserve Bank of India Act, 1934 (2 of 1934);
(af)
"Subsidiary Instructions" means
the detailed procedure of receipts and payments, containing forms as specified
by the Controller General of Accounts with approval of Secretary, Department of
Expenditure, as amended from time to time;
(ag)
"withdrawal" means the
withdrawal of funds from the Government Account for disbursements of or on
behalf of Government;
(ah)
"working day" for the purpose
of disbursement of salary means a day on which the Government office and the
bank both are open for transacting their respective ordinary business.
Rule - 3. Location of moneys credited to Government Account.
Except as otherwise provided, moneys credited to the Government Account shall
be held either,-
(a)
in the Reserve Bank; or
(b)
in a bank for the time
period specified by the Reserve Bank to transact Government business.
Rule - 4. Payment of Government dues and tax receipts.
Money due to Government may be deposited by the public directly in authorised
bank through authorised mode in accordance with the procedure and the form of
challan specified in the Subsidiary Instructions.
Rule - 5. Acceptance of revenues, etc., by Government.
(1)
Government revenues, dues or
other moneys receivable in the Government Account shall generally be received
through authorised mode by the PAO or by the authorised departmental officer in
accordance with the departmental regulations or by the authorised bank:
Provided that
Government dues which are payable by a due date, the person desirous to make
payments by means of electronic mode or cheque or demand draft must ensure that
online payment or cheque or demand draft reaches the bank or the departmental
officer concerned well before the due date so that the amount can be credited
to Government Account by due date:
Provided
further that all receipts exceeding the monetary limits shall be remitted to
Government Account through electronic mode only (e-mode), as may be specified
from time to time by the Controller General of Accounts:
Provided further that
in case of technical glitches or server related issues for remitting money
through e-mode and confirmed by the concerned Division or Department or for
remote area where e-mode may not be functional, all receipts irrespective of
monetary limits shall be remitted by other authorised mode for receipts into
the Government Account.
(2)
Unless specially authorised
to receive higher amounts in cash, departmental officers and bank shall receive
cash upto an amount not exceeding the ceiling fixed by the Government from time
to time in each case.
(3)
Government office situated
in foreign country including Mission or Post shall receive Government moneys in
foreign currencies either in cash or by any other mode as recognised by the
respective foreign country.
(4)
Government office situated
in foreign country including Mission or Post, on the special recommendation by
the Government, shall accept moneys in foreign currency on behalf of State
Governments, non-Government organisations, autonomous bodies, Public Sector
Undertakings, private bodies and educational institutions, etc. either in cash
or by any other mode as recognised by the respective foreign country and pass
on the same to the concerned State Government or organsiation in India by way
of cash settlement or book adjustment, as the case may be, provided that no
loss is incurred to the Government in rendering services to these outside
agencies.
(5)
Subject to the general
procedure specified in these rules, the detailed procedure to be adopted by
Government officers in any department of the Government and banks in receiving
moneys on account of Government revenues or dues, its realisation and granting
of receipts for the money realised and bringing them in the Government Accounts
shall be as specified in the Subsidiary Instructions.
Rule - 6. Deposit of revenue, receipts and dues of Government.
(1)
The deposit of revenue,
receipts and dues of Government into Government Account shall be carried out
by,-
(a)
Officers:
(i)
All moneys received by the
departmental officer or tendered to Government on account of revenues, deposit,
remittances, receipts, dues or otherwise shall be deposited in the accredited
bank without any delay for inclusion in the Government Account.
(ii)
It is the sole
responsibility of the departmental officer to ensure deposit of such money
indicating correct Head of Account in consultation with PAO or the Principal
Account Office, as the case may be.
(iii)
Moneys received as aforesaid
shall neither be utilised to meet departmental expenditure, except as
authorised in item (iv), nor otherwise kept apart from the accounts of the
Government.
(iv)
Notwithstanding anything
contained in clause (a), direct utilisation of departmental receipts for
departmental expenditure in specific case under special circumstances shall be
authorised by the Ministry of Finance through Controller General of Accounts:
Provided that the
authority given to utilise money as aforesaid shall not be construed as
authority to keep the Departmental receipts and expenses defrayed from there,
outside the account of the payments into and withdrawals from the Consolidated
Fund or public account, as the case may be.
(b)
Banks:
Immediately on
receipt of Government revenues, receipts or dues of a department, the bank
shall cause them to be credited into the Government Account held by the Reserve
Bank in accordance with the procedure specified by the Reserve Bank in
consultation with the Head of Accounting Organisation of the concerned
department and Controller General of Accounts.
Rule - 7. Safe custody of Government money.
(1)
The bank shall be
responsible for the safe custody of Government moneys deposited in the bank.
(2)
The custody of moneys held
in the hands of Government officers or with authorised officers or in the cash
or departmental treasure chests or standing in the Government Account shall be
regulated as specified in the Subsidiary Instructions.
Rule - 8. Presentation of challan.
(1)
Except as otherwise provided
in these rules or unless the Government directs otherwise in relation to any
particular class of transactions, any person or party paying money in the
Government Account in a bank under rule 5 shall present with challan.
(2)
Except where any other
arrangement has been authorised by the Government for the supply of challan
forms, printed forms of challan, preferably bi-lingual shall be supplied by the
departmental officer or by the bank free of charge.
Note: Receipts
relating to direct taxes and indirect taxes shall be credited or remitted by
the tax payers into the Reserve Bank and branches of authorised banks or on
their portal in accordance with rule 4, using challan forms specifically
specified by the Principal Accounts Office, Central Board of Direct Taxes or
Central Board of Indirect taxes and Customs under the provisions of the scheme
of revenue collection of these Boards.
Rule - 9. Issue of acknowledgement and grant of receipts.
(1)
The authorised Government
officer or the bank shall issue an acknowledgement indicating date, time, stamp
against the money received or money realised through cheque or demand draft, to
the tenderer.
(2)
After realisation of the
paid instrument, a receipt or stamped challan or e-challan in case of online
payment in bank, as the case may be, shall be given by the authorised
Government officer or bank to the tenderer.
(3)
No Government officer shall
issue duplicate receipts for money received on the ground that the original
receipts have been lost.
(4)
In case of necessity, a
certified or attested photocopy of the office copy shall be provided to the
payer on his written request.
Rule - 10. Date of receipt of Government revenues, dues, etc.
(1)
Government dues tendered in
the form of a cheque or demand draft or money order or postal order, which is
accepted and honoured on presentation, shall be deemed to have been paid,-
(a)
where the cheque or demand
draft or postal order is tendered to the bank or post office, on the date on
which it was cleared and entered in the receipt scroll;
(b)
where a cheque or demand
draft or postal order is tendered to a departmental officer (in cases where
such tendering is permissible or required under departmental provisions), on
the third working day after its presentation;
(c)
if the money is paid by post
and sent by post in pursuance of instructions to make payment by post, on the
date on which the cover containing it is put into the post;
(d)
if the money is paid by
postal money order or any other recognised mode of remitting money by post in
pursuance of instructions of the Government, on the date on which the money
order is put into the post:
Provided that, where
a cheque or draft is marked as not payable before a certain date, the payment
shall not be deemed to have been made until the date on which it becomes
payable.
(2)
The Government revenues,
dues etc., paid through electronic mode shall be deemed to have been paid to
the Government on the date, it is received and entered in the receipt scroll by
the bank of the department for crediting the money to the Government Account at
the Reserve Bank.
(3)
The period of delay for
claiming penal interest from the authorised bank shall be calculated from the
date of realisation of cheque or demand draft to the date prior to the day of
the put through to Reserve Bank.
Explanation.- For the
purposes of this rule, put through refers to the credit of the amount into
Government Account in the Reserve Bank.
Rule - 11. Procedure to be adopted by Department of Government.
The detailed procedure to be adopted in any particular Department of the
Government with regard to the realisation of Government dues and granting of
receipts for the money realised shall be framed in consultation with Controller
General of Accounts, Department of Expenditure.
Rule - 12. Extent of responsibility of Reserve Bank and bank.
(1)
Nothing contained in, or in
the application of these rules shall have effect so as to impose upon the
Reserve Bank in connection with the business of the Government any
responsibility not imposed upon it by the Reserve Bank of India Act, 1934 (2 of
1934).
(2)
The bank shall be kept open
for the conduct of Government transactions on a recognised holiday, or beyond
normal business hours on any day (e.g. on the last working day of March every
year), if so required by the Controller General of Accounts, or by any
authority or authorities so nominated.
Rule - 13. Withdrawal of money from Government Account.
(1)
Except as otherwise provided
in these rules, or unless the Government otherwise specifies in any case, the
PAO shall be the authority for withdrawal of money from Government Account.
(2)
Notwithstanding anything
contained in sub-rule (1), the Controller General of Accounts, subject to
certain conditions and on the advice of the Head of Accounting Organisation,
may designate a Gazetted officer of an office or Ministry or Department, as
Cheque Drawing and Disbursing Officer (CDDO) for withdrawal of money for
specified purpose.
(3)
The CDDO shall withdraw
money and submit the details thereof, accounts and other records as specified
by Controller General of Accounts to the concerned PAO.
(4)
As regards non-civil
Ministries or Departments, CDDO shall be designated by the concerned Ministry
or Department on the advice of the Head of Accounting Organisation.
(5)
Except as otherwise provided
in these rules, or unless the Government otherwise directs in any case, moneys
shall not be withdrawn from the Government Account other than through authorised
mode for payment from Government Account by a PAO from an account opened in
favour of the PAO, or by a CDDO from an assignment account opened in favour of
the CDDO at a specified branch of the accredited bank.
(6)
(a) In so far as civil
Ministries or Departments are concerned, the bank accounts in favour of PAO and
CDDO shall be opened by the Head of Accounting Organisation of the Ministry or
Department in consultation with the Controller General of Accounts.
(b)
As regards non-civil Ministries or Departments, the bank accounts shall be
opened with the approval of competent authority of the concerned Ministry or
Department.
(7)
The bank account in favour
of a Government office including Mission or Post situated in a foreign country
for the purpose of withdrawal in Indian rupees shall be opened in India in the
accredited bank of the concerned Ministry or Department under the orders of the
Head of Accounting Organisation.
(8)
(a) The Government office
including Mission or Post situated in a foreign country shall be permitted to
withdraw money from Government Account in foreign currencies and shall be
opened by the Head of Office or Mission or Post in consultation with Controller
General of Accounts through the Head of Accounting Organisation.
(b)
The respective Ministry or Department shall arrange to remit foreign currency
to such accounts from India through its bank by issuing an advice to its bank.
(c)
The Ministry or Department shall arrange payment in foreign currency from India
to a Government office or Mission or Post or foreign Government or a foreign
organisation or agency situated in a foreign country by issuing an advice to
its bank.
(d)
On receipt of advice, the bank shall arrange to remit the requisite foreign
currency to the payee and claim the equivalent value in Indian rupees,
including incidentals and overhead expenses, etc., as agreed to by Head of
Accounting Organisation of the concerned Ministry or Department, directly
through the payment scroll of the day being submitted to the PAO of the Ministry
or Department.
(e)
Based on the payment scroll received from the bank, the PAO shall account for
the expenditure under the respective functional head of accounts.
(9)
(a) The Ministry or
Department concerned in consultation with the Controller General of Accounts
may, only under special order or permission, authorise the opening of Personal
Deposit Account in the Public Account portion of Government Account and the
Ministry or Department shall maintain the list of such Personal Deposit
Accounts opened under their control and comply the detailed procedure as
specified in the Subsidiary Instructions.
(b)
Personal Deposit Accounts are generally authorised to be opened in the
following types of cases, namely: -
(i)
in favour of an
administrator appointed for the purpose of administering moneys tendered by or
on behalf of ward and attached estates and estates under Government management
and ensure that proper arrangements are made for the maintenance and audit of
connected initial accounts;
(ii)
in relation to Civil and Criminal
Courts deposits, in favour of the Chief Judicial authority concerned;
(iii)
where, under certain
regulatory activities of the Government, receipts are realised and credited to
a Fund or Account under the provisions of an Act to be utilised towards expenditure
thereunder and no outgo from the Consolidated Fund is involved;
(iv)
where a personal deposit
account is required to be created by a law or rules having the force of law and
certain liabilities devolve on the Government out of the Special enactments;
(v)
officers commanding units
and others concerned in the administration of public funds or regimental funds
in the Defence Departments:
Provided that
regimental funds may, under authorised departmental regulations be deposited
outside the Government Account with any branch of the accredited bank.
(10)
(a) A Personal Deposit
Account of a type other than specified in items (i), (ii) and (v) of clause (b)
of sub-rule (9), may be opened only under the special order or permission of
the Ministry or Department concerned with the approval of Controller General of
Accounts on the recommendations of the Head of Accounting Organisation.
(b)
Such special order or permission may be issued or granted by the Ministry or
Department concerned after satisfying itself that the initial accounts of the
moneys to be held in a Personal Deposit Account and disbursed, are maintained
properly and are subject to audit.
(11)
Every Personal Deposit
Account shall form part of the Government Account and be located in the Public
Account portion thereof and the detailed procedure to be observed by a
Government Officer in regard to opening, operation, reconciliation of Personal
Deposit Account shall be as specified in the Subsidiary Instructions.
(12)
The PAO or the CDDO shall
obtain sufficient information as to the nature of every payment he is making
and shall not accept a claim which does not formally present that information,
unless there are specific orders of Government against disclosure of the
nature, on any individual claim or type of claims in the public interest.
(13)
(a) Subject to the general
procedure specified in these rules, the detailed procedure to be adopted by
Government officer in any Department of the Government for withdrawal of money
from Government Account, presentation of claims for payment, modes of payment
and banking arrangement shall be as specified in the Subsidiary Instructions.
(b)
The systems and procedures established under the Subsidiary Instructions, are
subject to general or special instructions or orders, which the Controller General
of Accounts, Department of Expenditure, Ministry of Finance may issue from time
to time.
Explanation.-For the
purposes of this rule, the expression "non-civil Ministries or
Departments" means the Ministries or Departments of Railways, Defence,
Posts and Telecommunications.
Rule - 14. Modes of withdrawals and payments from Government Account.
(1)
Except as otherwise provided
in these rules or unless the Government otherwise directs in any case, no
withdrawal of money shall be made from the Government Account except by
presentation of a bill in support of relevant claim for the purpose in the form
and procedure as specified in the Subsidiary Instructions.
(2)
A bill duly passed and paid
by the PAO or the CDDO containing full particulars of payment indicated by the
payee and authenticated by the DDO becomes "payment voucher or e-payment
vouchers".
(3)
The supporting documents
attached with the claim or e-claim for example invoice, cash memos and demand
bill from the Telephone Department or State Electricity Board or local body for
electricity, telephone and water charges, in support of relevant claim becomes
sub-vouchers.
(4)
Payments to the suppliers or
vendors for work done or service rendered or articles supplied, grantee, loanee
institutions, autonomous bodies, State and Union territory Government shall be
made by any authorised mode for payment from Government Account at the request
and expense of the payee concerned:
Provided that all
payments exceeding the monetary limits, shall be through Payment advices only.
(5)
All payments to Government
servant including salary shall be made by Payment advices for direct credit to
their bank accounts or Post Office Savings Bank Accounts, subject to
availability of banking facilities or at Post Offices:
Provided that
relaxation may be granted by the competent authority for payment by cash in
cases of,-
(i)
hardship, where the reasons
are duly approved by Head of Department in consultation with Head of Accounting
Organisation; and
(ii)
for operationalisation of a
policy decision for implementing specific nature of operation or programmes or
schemes where details of payments are not to be disclosed.
(6)
Acquittance for the payments
made in cash to the Government servants shall be obtained as specified in the
Subsidiary Instructions.
(7)
In case of death of a
Government servant, pay and allowances shall be drawn for the day (calendar day
beginning and ending at midnight) of the Government servants death;
irrespective of the hour at which death takes place.
Rule - 15. Place of payment.
The place of payment
shall be decided by the DDO and payment shall be made through the authorised
mode.
Rule - 16. Period of validity of cheque or refund order.
(1)
Unless otherwise provided by
any law, rule or departmental regulations, a cheque issued in India for making
payment or a refund order issued for refund of revenue under these rules shall
be valid for three months from the date of issue.
(2)
No payment shall be made
thereafter unless fresh cheque or refund order is issued by the sanctioning
authority.
(3)
In case of a foreign cheque,
the period of validity of such cheque shall be determined according to the laws
applicable in that country.
Rule - 17. Date of payment.
(1)
Wherever the payment is
arranged by PAO or CDDO by issuing digitally signed Payment advice for direct credit
of the amount to the bank account of the payee, the date on which such advice
is successfully uploaded on the payment gateway of the bank or the due date
mentioned in Payment advice, whichever is later, shall be reckoned as the date
of payment.
(2)
Wherever the payment is
arranged by PAO or CDDO by issuing a Payment advice other than digitally signed
advice for direct credit of the amount to the bank account of the payee, the
date of payment shall be reckoned as the date on which such advice is handed over
to the bank or the date mentioned in the Payment advice, whichever is later.
(3)
Wherever the payment is
arranged through the Reserve Bank by issue of RBI advice, the date of payment
shall be reckoned as the date indicated against the relevant entry in the
payment scroll rendered by the Reserve Bank.
(4)
Whenever the payment from
India is arranged in foreign currency to a payee in foreign country by issue of
an advice to the bank, the date of payment shall be reckoned as the date on
which the foreign currency is remitted and equivalent amount is entered in the
payment scroll by the bank.
(5)
Wherever the payment is made
by Government by postal money order or by any other recognised mode of
remitting money by post, the date of payment shall be reckoned as having been
made on the date on which the receipt for the money is issued by the post
office.
(6)
Wherever the payment is made
by cash, the date on which the cash is paid shall be reckoned as the date of
payment.
(7)
Without prejudice to the
provisions of rule 14 of the Compendium of Rules on Advances, the date of
payment when payment is made by a cheque shall be reckoned as,-
(a)
banks working day next to
the date of the cheque, if the cheque is handed over to the payee or to the
authorised messenger of the employee and it does not bear the superscription
for payment on a specific date;
(b)
the specific date
superscribed on the cheque, if the cheque is handed over to the payee or to the
authorised messenger of the employee and the cheque bears superscription for
payment on a specific date; and
(c)
the date on which the cover
containing the cheque is put into the post or the specific date, if it bears
superscription for payment on a specific date, whichever is later, as the case
may be, if the cheque is posted to the payee in pursuance of a request for
sending it by post.
(8)
Wherever payment is arranged
by means of a bank draft to a payee, the date of payment will be reckoned as,-
(a)
date on which it is handed
over to the payee or the authorised person of the employee or the specific date
superscribed, whichever is later; or
(b)
if it is posted to the
payee, the date on which the cover containing draft is put into the post or the
said specific date, whichever is later, as the case may be.
Rule - 18. Claim for payment.
A Government officer entrusted with the payment of money shall obtain for every
claim, full and clear particulars of the claim and all necessary information
for its proper classification and identification in the account, including
repayment of sums previously lodged with the Government.
Rule - 19. Responsibility for money withdrawn.
(1)
If a CDDO receives
information from the PAO that moneys have been incorrectly withdrawn and that a
certain sum should be recovered in respect of any bill passed, its recovery
shall be effected without any delay and without regard to any correspondence
undertaken or contemplated with reference to the retrenchment order; and remit
the sum to the Government Account in such manner as the PAO may direct.
(2)
In case of excess payment or
incorrect withdrawal made by the PAO, its recovery shall be effected by PAO
through departmental officer without delay and any correspondence undertaken or
contemplated with reference to the retrenchment order; and remit the sum to the
Government Account.
(3)
(a) A Government officer
assigned with funds for expenditure shall be responsible for such funds until
an account of them has been rendered to the satisfaction of the PAO concerned.
(b)
He shall also be responsible for seeing that payments are made to persons
entitled to receive them.
(4)
If any doubt arises as to
the identity of the Government officer by whom an account of such funds shall
be rendered, it shall be decided by the authorised departmental regulations.
Rule - 20. Maintenance of cash book.
Except as otherwise provided in these rules or in any authorised departmental
regulations, all Government officers (referred to in this rule as the Head of
the Office) shall maintain a cash book for recording all monetary transactions
as per the format and procedure specified in the Subsidiary Instructions.
Rule - 21. Bar against money withdrawn from Government Account.
A Government officer shall not deposit moneys withdrawn from the Government
Account under rule 14, in a bank account other than that maintained with the accredited
bank, unless specially permitted by the Government.
Rule - 22. Refund of revenue.
(1)
All sanctions to refund of
revenue (tax or non-tax) shall be regulated by the orders of an administrator
or of the departmental authority, as the case may be, and the bills shall be
prepared against the sanction.
(2)
Refunds of revenue can be
drawn only on the demands and on the receipt of the person entitled to receive
such refund after production of proper authority.
(3)
Refunds of direct taxes and
indirect taxes shall be regulated in accordance with the departmental
instructions issued by Central Board of Direct Taxes (CBDT) and Central Board
of Indirect taxes and Customs (CBIC), respectively.
(4)
Remissions of revenue
allowed before collection are to be treated as reduction of demands and not as
refund and similarly, refunds of revenue are not regarded as expenditure for
purposes of grants or appropriations.
Rule - 23. Loans and advances.
(1)
All loans to State
Governments, Administrations of Union territories, local bodies, foreign
Government on specific recommendation of State Government, Government
institutions and other Government bodies shall be regulated by the following
general conditions contained in the General Financial Rules, 2017, namely :-
(a)
a specific term shall be
fixed within which each loan has to be fully repaid with interest due and in
very special cases, the term may extend to thirty years;
(b)
the term is to be calculated
from the date on which the loan is completely drawn or declared by competent
authority to be closed;
(c)
the repayment of loans shall
be effected by installments, fixed on annual basis, with due dates of payment
being specially prescribed;
(d)
if an installment is paid
before its due date, it may be taken entirely towards the principal, provided
it is accompanied by payment towards interest due up-to-date of actual payment
of installment; if not, the amount of the installment shall first be adjusted
towards the interest due for preceding and current periods and the balance, if
any, shall be applied towards the principal;
(e)
when the due date of
repayment of any installment of principal or interest falls on a Sunday or a
public holiday or a holiday observed by the Reserve Bank, the payment made on
the next working day following the Sunday or the public holiday, shall be
regarded as payment on the due date and no interest shall be charged for the
day or days by which the recovery is so postponed:
Provided that if an
installment of principal or interest is payable on the thirty-first March of a
year, and if that day happens to be a public holiday or as aforesaid, the
recoveries shall be made on the immediately preceding working day;
(f)
the payment of interest and
the repayment of principal of a loan shall be made with reference to the
calendar date on which the loan in question is paid and where payment of
installment is in advance of the due date by fourteen days or less, interest
for the full year or half year (depending on the prescribed mode of recovery)
shall be charged thereon;
(g)
in the case of a loan
sanctioned by the Central Government to a State Government on or before thirty first
March of a year, which is adjusted in the books of the Reserve Bank in the
month of April but in the accounts of the previous year, the installment of
principal and/or interest shall fall due for payment on the thirty first March
of the succeeding year and not on the anniversaries of the calendar date in
April on which the inter-Governmental adjustment was carried out.
(2)
The date of drawal of a loan
by a State Government shall be determined as indicated below,-
(a)
where monetary settlement is
involved,-
(i)
normally the calendar date
on which amount of a loan is actually credited to the account of the State
Government by the Reserve Bank is to be treated as the date of its drawal;
(ii)
this position shall also
hold in cases where adjustment in accounts is made in one month but date of
adjustment in the books of the Reserve Bank falls in the following calendar month;
(iii)
the calendar date on which
the credit is actually afforded to the State Government in the books of the
Reserve Bank in such cases shall be treated as the date of its drawal:
Provided that in the
case of loans for which credit is afforded to the recipient State Government in
the month of April by the Reserve Bank but in the accounts of previous year, a
loan shall be deemed to have been paid on the thirty-first March of the
financial year in the accounts for which the payment is adjusted:
Provided further that
payment of annual interest as also repayment of instalment of principal in
respect of such loans shall fall due on the thirty-first March of the
succeeding years and not on the anniversaries of the calendar date in April on
which inter- Governmental adjustment on account of such loans was carried out
in the books of the Reserve Bank;
(b)
where monetary settlement is
not involved.-with regard to cases where adjustment in the books of the
accounts offices are involved only and actual credit through the Reserve Bank
is not necessary, the last date of the month of account in which the adjustment
is effected shall be taken as the date of drawal of loan for purposes of
repayment and charging interest.
(3)
In order to avoid any
default in the payment of loan, the Principal Accounts Officers or Pay and
Accounts Officers who maintain the detailed accounts of loans, shall issue
notices in Form GFR-19 to the loanees (other than State and Union territory
Governments) i.e. Public Sector Undertakings, statutory bodies and Government
institutions, a month in advance of the due date for the repayment of any
installment of the principal and or interest thereon:
Provided that
omission to give notice does not give the loanees any claim to exemption from
the consequences of default in the repayment of the principal and or interest
thereon.
Note1: The bills for
loans and advances of different classes, which are granted by Central
Government except in so far as they are governed by any special rules (e.g.
loans of public moneys to State Governments, local administration of Union
territories, local bodies, foreign Governments on specific recommendations of
State Government, Government institutions and other Government bodies) issued
by Government or contained in other part of these rules or in any authorised
departmental regulations shall be drawn by the drawing officer of the office of
the authorities sanctioning payment of loan or advance similar to bill format
for release of Grants-in-aid.
Note 2: The bill
shall be supported by a copy of sanction for such payment.
Note 3: If the amount
repaid includes interest as well as principal, the interest must be separately
specified.
Note 4: If the
repayment is a fixed periodical amount, including both interest and principal,
the orders fixing the amount shall be quoted.
(4)
The special procedure for
drawing of revenue advances which include takavi advances, advances under the
Land Improvement Acts and any other advances which Revenue Officers are allowed
or directed to make under the provisions of any law or under special order of
the Government, shall be as specified in the Subsidiary Instructions.
Explanation.- Takavi
works advances (ie. an advance to cultivators) in the form of expenditure on
Takavi works in the Public Works Department are regulated by the departmental
rules, except where the estimated cost of such works are recovered in the
Public Works Department, recoveries of such advances shall be made by the
Collector in the same way as arrears of land revenue.
(5)
(a) Advances granted under special
orders of competent authority to Government officers for departmental or allied
purposes may be drawn on the responsibility and receipt of the officer for whom
they are sanctioned, subject to adjustment by submission of detailed accounts
supported by vouchers or by refund within the period specified by Controller
General of Accounts;
(b)
in case of advances for survey and other departmental expenditure, which are
ultimately recoverable from private owners or other parties, the duties such as
maintaining detailed accounts of the advances, of watching their recoveries and
of supervision, shall rest with the departmental authorities concerned, the PAO
being responsible only for maintaining a plus and minus memorandum, where
necessary, in accordance with the orders of the Government.
(6)
The detailed procedure to be
followed in connection with the grant of loans to local bodies shall be
regulated by the provisions of the Local Authorities Loans Act, 1914 (9 of
1914) and other Acts in force in India and rules made thereunder.
Rule - 24. Interest on loans.
(1)
Interest shall be charged at
the rate notified by the Government for any particular loan or for the class of
loans concerned.
(2)
A loan shall bear interest
for the day of payment but not for the day of repayment.
(3)
Interest for any shorter
period than a complete year shall be calculated as under,- Number of days x
yearly rate of interest 365 (366 in case of a leap year), unless any other
method of calculation is specified in any particular case or class of cases.
Rule - 25. Public debt, provident funds, deposits, etc.
(1)
Public debt means Government
borrowings from internal sources viz, market loans, treasury bills, National
Savings Certificate and Post Office Savings Deposits, etc. and external sources
viz, loans from foreign countries or institutions, etc.,
(2)
The internal public debt
raised by Government by issue of securities shall be managed by Reserve Bank
and as per the guidelines of the Government.
(3)
Payment of cheques including
Public Debt Office Interest Warrants governed by the Negotiable Instrument Act,
1881 (26 of 1881), shall be made in accordance with the provisions of that Act
and any generally recognised practice established among bankers.
(4)
The procedures to be
followed by public debt officers of Reserve Bank in making payment in respect
of principal of market loans, sale and discharge of treasury bills and interest
thereon when they fall due shall be governed by the provisions contained in
Government Securities Manual and Supplementary instructions or regulations, if
any, issued by the Government.
(5)
Treasury bills can only be
paid on maturity at the office of the bank from which they were issued.
(6)
After payment, the discharge
bills shall be treated in the same way as other paid vouchers.
(7)
The Department of Economic
Affairs, Ministry of Finance shall execute the agreement for loan or grant from
external funding agencies and a copy of such agreement shall be sent to office
of the Controller of Aid Accounts and Audit, Department of Economic Affairs which
is responsible for receipt, payment and accounting in accordance with the
procedure prescribed in Chapter 10 of General Financial Rules, 2017.
(8)
The procedure to be followed
by post offices in respect of the custody, issue and discharge of National
Savings Certificates, Post Office Saving Bank Deposits, Time Deposits,
Recurring Deposits shall be specified by Budget Division, Department of
Economic Affairs, Ministry of Finance.
Note: The conditions
under which National Savings Certificates of different denominations are issued
and discharged, the maximum limits of investment, the interest which accrues on
them, and other matters connected therewith are regulated by special
instructions issued by the Government.
(9)
Recovery of subscription to
a provident fund of the Government and advances and withdrawals from such fund
shall be strictly in accordance with the procedure prescribed in the relevant
rules of the fund.
(10)
Premia or subscription to
the Post Office Insurance Fund shall be recovered strictly in accordance with
the procedure prescribed in the rules of the fund.
(11)
Monthly subscriptions
recoverable from members of Central Government Employees Group Insurance Scheme
(CGEGIS) shall be deducted from pay bills and amount payable to members or
nominees of deceased members arising under the said scheme or rules or
procedure shall be as prescribed by the Government, as the case may be.
(12)
Moneys received for deposit
in the Government Account shall be classified under suitable heads of account
appearing under two broad categories of Deposits bearing interest and Deposits
not bearing interest under Public Account and comply the procedure as specified
by the Government.
(13)
Refund of deposit shall be
made only on receipt of application received from applicant entitled to receive
such refund.
Rule - 26. Government guarantees.
(1)
A Government guarantee is an
arrangement in which a Government entity undertakes payment of a debt or
performance of an obligation in the event of a default by the primary creditor.
(2)
The power of the Government
to give guarantee emanates from and is subject to such limits as may be fixed
in terms of article 292 of the Constitution, the Fiscal Responsibility and
Budget Management Act, 2003 (39 of 2003) and the rules framed thereunder.
(3)
The Ministries or
departments shall levy guarantee fee on the amount outstanding at the beginning
of guarantee year as per the rate notified by the Budget Division and take
necessary steps to ensure prompt recovery of the prescribed fee.
Rule - 27. Pension payments.
(1)
Except as otherwise
provided, these rules shall regulate the procedure with regard to the payment,
in or outside India, of all pensions payable out of the Consolidated Fund:
Provided that if in
any State, a different procedure has been prescribed for the payment of State
pensions, the same procedure may, unless there are any general or special
orders of the Government to the contrary, be applied in the making of payments
at a treasury of that State of any pension payable out of the Consolidated
Fund:
Provided further that
on the commencement of these rules, Treasury Rules of the Central Government
relating to pension payments, regulation or order including Office Memorandum
in force immediately before such commencement shall, in so far as it provides
for any of the matters contained in these rules, cease to operate.
(2)
Nothing contained in this
rule shall be taken as affecting-
(a)
the provisions of the
Pensions Act, 1871 (23 of 1871), or any rules made there under, or the exercise
by the State Governments of such functions of the Central Government under that
Act, as may be entrusted to them in consequence of a delegation of function
under clause (1) of article 258 of the Constitution;
(b)
the provisions of any rule
contained in the Central Civil Services (Pensions) Rules, 2021, or of any
departmental regulations issued by, or under the authority of, the President
prescribing the procedure for the payment of any pension payable out of the
Consolidated Fund of India;
(c)
the procedures and
conditions specified in special orders issued by the Government from time to
time for payments, by authorised banks on behalf of the Government pension
payable out of the Consolidated Fund of India.
(3)
(a) Pension payment
procedure of following Central Government Civil pensioners and other
pensioners, shall be laid down by the Controller General of Accounts based on
extant departmental rules, as under: -
(i)
pension and other amenities
to the former Presidents and Vice-Presidents of India including payment of
medical expenses and travel expenses towards medical check-up of the spouse of
the former and deceased Presidents and Vice-Presidents;
(ii)
former Members of
Parliament;
(iii)
retired judges of Supreme
Court;
(iv)
retired judges of High
Courts;
(v)
all India Service Officers
w.e.f 01.04.2008
(vi)
all pensioners of Central
Government retiring from Civil Ministries or Departments including Comptroller
& Auditor General or State Accountants General and Indian Audit &
Accounts Departments;
(vii)
all pensioners of Union
territory administrations without Legislatures, National Capital Territory of
Delhi (as an interim arrangement);
(viii)
ex-gratia pension to
families of deceased Contributory Provident Fund beneficiaries w.e.f. 1.1.1986;
(ix)
freedom fighter pensioners
i.e. Swatantrata Sainik Samman Yojna;
(x)
Divisional Accountants or
Divisional Accounts Officers of the State Accountants General;
(xi)
pensions to leaders and
trainees including volunteer Girls and Tibetan Female Nursing Assistants of
Special Frontier Force w.e.f. 1.1.2009.
(4)
The payment of pensions to
the pensioners of Railways, Posts, Telecommunications and Defence, in or
outside India, shall be regulated by the procedure prescribed by that
Ministries and departments.
(5)
The payment of pension under
these rules shall not be admissible to the employees of the Government (except
Armed Forces) who have joined service on or after 1.1.2004and shall be covered
under National Pension System (NPS).
(6)
The payment of pension or
family pension shall be admissible in case of death or disability of Government
employees covered under NPS as per the provisions contained in Central Civil
Services (Implementation of National Pension System) Rules, 2021 and guidelines
issued by the Government from time to time.
(7)
Unless there is anything
repugnant in the subject or context, the procedure with regard to the payment
of pension at any authorised bank or other office of disbursement of pensions
payable by the Government on behalf of, or as an agent of, a foreign
Government, local fund or any other authority shall be regulated by the
procedure prescribed by the Controller General of Accounts.
(8)
Pensions or any other sums
payable in respect of contributions to a family pension fund, and any sums
payable under the Employees Compensation Act, 1923 (8 of 1923) are not covered
in these rules.
Rule - 28. Place of payment of pension.
(1)
Subject as hereinafter
provided, service or political pensions payable in India may be drawn from any
of the channels such as the authorised bank (as per the Scheme of Payment of
Pensions for Central Civil Pensioners through authorised banks) or treasury or
Pay and Accounts Office which was responsible for the payment of last dues or
Accountants General subject to such conditions as may be laid down by the
Controller General of Accounts.
Explanation.- For the
purposes of this rule,-
(i)
"service pension"
means a pension including provisional pension payable to, or in respect of, a
person in consideration of past employment under the Government or the
Government of a State, either before or after the commencement of the Constitution,
and includes a gratuity so payable.
(ii)
"political
pension" means a pension not being a service pension granted or
customarily payable to or in respect of a person, on political consideration or
compassionate grounds or in consideration of distinguished or meritorious
services or on the surrender of rights or emoluments, and includes assignments
or compensations payable in the form of fixed allowances or grants;
(2)
Pension to ex-servicemen of
Assam Rifles may be disbursed through banks or sub-post office at Vijay Nagar
in Arunachal Pradesh.
(3)
Pension to the pensioners
residing in Nepal shall be disbursed through Embassy of India, Kathmandu
(Nepal).
(4)
Pension to the following
Indian National foreign pensioners shall be disbursed in India, namely: -
(a)
Burma Civilian Pensioners
and Family Pensioners;
(b)
Singapore Pensioners;
(c)
Sri Lanka Pensioners;
(d)
Pakistan Civil Pensioners
and Family Pensioners.
(5)
Pensioners who retire from
the Department of Posts may, on the basis of their option, draw their pension
either through the Public Sector Banks or from authorised Post Office in India.
(6)
(a) Pensions due to
pensioners of defence services may be disbursed by any one of the following
agencies;
(i)
treasury officers; or
(ii)
pension paymasters; or
(iii)
such Post Offices as may be
nominated in this behalf by the Department of Posts; or
(iv)
authorized Public Sector
Banks or Private Sector Banks;
(b)
Pensions of railway pensioners may be disbursed by any one of the agencies
specified in items (i), (iii), or (iv) of clause (a).
Rule - 29. Pension payment order and mode of payment.
(1)
Except in the case of
defence pensions which are payable on pension certificate or other authority issued
by Controller General of Defence Accounts or in the case of railway pension
which are payable on Pension Payment Order issued by the Railway Accounts
Officer and Department of Posts or in the case of payment of provisional
pension by the Head of Office or unless the Government otherwise order in the
case of any particular class of pensions, payment of pensions may be made only
upon Pension Payment Order either in ink signed in physical form or digitally
signed in electronic form issued by the PAO concerned.
Note1: PAOs who are
competent to issue Pension Payment Orders to various categories of pensioners
of Ministries or Departments except Ministry of Railways, Defence and
Department of Posts shall issue Pension Payment Order in electronic form
(e-PPO) using their digital signature through the designated electronic payment
platform used by PAO of the Ministries or Departments.
Note 2: The procedure
for processing of such e-Pension Payment Orders and other related instructions
shall be issued by office of Controller General of Accounts and Central Pension
Accounting Office.
(2)
Central Pension Accounting
Office shall maintain a central data bank in respect of all the Pension Payment
Orders issued by the Central Civil Ministries or Departments from time to time.
(3)
The nominated PAO of the
Central Pension Accounting Office shall be responsible for forwarding the
Pension Payment Orders with special seal authorities or e-PPO to authorised
banks for disbursement of pension.
(4)
Subject to the general
procedure prescribed in these rules, the regulations or detailed procedure for
disbursement of pension and family pension by Pension Disbursing Authorities
(PDA) shall be as specified in the Subsidiary Instructions.
(5)
An authorised bank shall
make the payment of pension in the pensioners account as prescribed in the
Pension Scheme Booklet by Government.
(6)
A switchover of pension
payment from one channel to another within India shall be permissible in the
manner prescribed by the Government.
Rule - 30. Payment of pension claims.
(1)
In so far as civil
Ministries or Departments concerned, pensioners are not required to visit
Pension Disbursing bank branch in person for credit of his or her first pension
provided the requisite undertaking with regard to recovery of overpayment from
pensioner shall be forwarded to the concerned bank through CPAO along with
Pension Payment Order.
(2)
The provisional pension
shall be preferred by the Head of Office in which the Government servant was
employed immediately before retirement in the same manner in which pay and
allowances are disbursed by him.
Note: Pensioners of
defence services shall present their claims in special forms as specified by
the departmental regulations.
(3)
A pensioner specially
exempted by the orders of competent authority from personal appearance, a
female pensioner not accustomed to appear in public, or a pensioner who is
unable to appear due to bodily illness or infirmity, may receive pension upon
the production of a life certificate signed by a responsible Government officer
or by some other well-known and trustworthy person as specified by the
Government.
(4)
A pensioner or family
pensioner may provide Digital Life Certificate online through Aadhaar based
biometric authentication system (Jeevan Praman).
(5)
The additional quantum of
pension or family pension shall be payable as specified in other Pension Rules
or Acts and Pension Disbursing Authorities (PDAs) may not insist for any
request or application from pensioners or family pensioners in order to pay
additional pension to them.
(6)
A pensioner not resident in
India may draw his pension in India through an authorised bank.
(7)
When a pensioner is a minor
or is for any reason incapable of managing his own affairs and has no regularly
appointed manager or guardian, the District Magistrate or District Commissioner
may, on an application made by or on behalf of the pensioner, and subject to
such conditions as he may impose, declare any suitable person to be the manager
or guardian for the purpose of receiving, on behalf of the pensioner, the
pension due to him and payments of pension may be made to such manager or
guardian in the same way as to pensioner himself, provided that sufficient
proofs are forthcoming at the time of each payment of the pensioner being alive
and eligible to receive the pension for the period covered by the payment.
(8)
Such declaration may at any
time be revoked or altered at the discretion of the District Magistrate or
District Commissioner.
(9)
The powers of the District
Magistrate or District Commissioner in regard to payment of the arrears will be
exercised by the Chief Controller or Controller of Accounts of the Ministry or
Department who acts as Head of the accounting organisation, in case where the
pensions are paid by a PAO of the Ministry or Department or Union territory
Administration with separate accounts organisation.
(10)
The payment of pensions in
rupees authorised by foreign Governments for payment in India shall be
regulated by such general or special instructions as may be issued by the
Government in this behalf.
Rule - 31. Payment of commuted value of pension.
The payment of the commuted value of a portion of a pension can be made upon
the authority issued by the PAO concerned only to the person legally entitled
to receive it.
Rule - 32. Payment of Gratuity.
(1)
Except as hereinafter
provided, gratuity shall not be paid except on an authority received from the
PAO to whom the sanction is communicated by the sanctioning authority.
(2)
It shall be made in the same
manner as provided in rules relating to Provident Funds.
(3)
Provisional gratuity
sanctioned by a competent authority in respect of a retired Government servant
shall be drawn separately for each gratuitant by the Head of the office in
which he last served.
(4)
The provisions of sub-rule
(1) shall apply mutatis mutandis to the drawal and disbursement of provisional
death-cum-retirement gratuity payable to family of a Government servant who
died while in service.
Rule - 33. Undrawn pension and arrears.
(1)
Unless the Government by
general or special orders direct otherwise, a pension remaining undrawn for
more than a year, shall cease to be payable.
(2)
If the pensioner afterwards
appears or a claim is presented on his behalf, the payment of monthly pension
accruing thereafter may be resumed, but the arrears shall be paid as per the
procedure prescribed by the Controller General of Accounts.
(3)
A gratuity payment order
shall remain in force for one year only.
Rule - 34. Death of pensioner.
Subject to any rule or order made by the Government in this behalf, the payment
of arrears of pension due in respect of a deceased pensioner shall be regulated
by the following conditions, namely:-
(a)
pension shall be drawn for
the day of pensioners death, the hour at which death takes place has no effect
on the claim;
(b)
on the death of a pensioner,
payment of any arrears actually due shall be made to the heirs of the
pensioner.
Rule - 35. Submission of life certificate and other certificates.
(1)
The pensioner or family
pensioner shall be required to furnish life certificate each year in the format
prescribed by the Government.
(2)
The pensioner or family
pensioner may submit the life certificate as well as other certificates to any
branch of the bank through which his or her pension or family pension is being
disbursed.
(3)
A life certificate issued
online by a Government agency (Jeevan Praman) as a result of Aadhaar Biometric
Authentication shall also be accepted as a valid certificate.
(4)
A pensioner who produces a
life certificate signed by any person prescribed by the Government is exempted
from personal appearance.
(5)
Retired Central Government,
Group A officers are required to furnish a declaration in the form prescribed
regarding acceptance and non-acceptance of commercial employment within one
year from the date of retirement and also about acceptance or non-acceptance of
any employment under any Government outside India.
(6)
Pensioner shall be required
to furnish a non-employment certificate once in a year.
(7)
Pensioner or family
pensioner shall be required to furnish marriage or re-marriage certificate,
nonearning certificate, disability certificate, as the case may be.
(8)
The detailed procedure to be
observed by the pensioner or family pensioner for furnishing various
certificates shall be as specified in the Subsidiary Instructions.
Note: The pension
including dearness relief for November onwards may not be credited by the bank
in case the pensioner fails to submit requisite certificate except
non-employment certificate or employment or reemployment certificate on due
date.
Rule - 36. Revision of pension.
In cases where the amount of pension payable is revised for some reason,
payment at the revised rate, including arrears, if any, may be paid in the
manner specified by the Controller General of Accounts and Department of Pensions
and Pensioners Welfare.
Rule - 37. Family pension.
The family pension shall be disbursed by pension disbursing authorities as per
the procedure or orders issued by CGA or Department of Pension and Pensioners
Welfare from time to time.
Rule - 38. Defence pensions
(1)
Subject to such general or
special orders as Government may issue in this behalf, the procedure to be
observed by Pension Disbursing Officer in making payments to Defence pensioners
may be specified by departmental regulations.
(2)
Special care shall be taken
in identifying Defence pensioners claiming single payments.
(3)
The mere production of a
letter purporting to having issued by an officer of Controller General of
Defence Accounts shall not be considered sufficient for this purpose.
Rule - 39. Departmental treasure chests.
The officers in charge of Military Treasure Chests and such offices of the
Department of Posts as are authorised to perform all or any prescribed part of
the duties of a Treasury Officer in respect of custody of the cash balance, and
claims against the Government that may be presented to them for disbursement;
and also in respect of moneys that may be tendered to them for credit to the
Government Account, shall have to observe the provisions of these rules.
Rule - 40. Adjustment of transactions with State Government.
No transactions of the Government with a State Government shall be adjusted
against the balance of the Government except in accordance with such directions
as may be given by the Controller General of Accounts on the advice of the
Comptroller and Auditor General of India to regulate the procedure for the
accounting of such transactions.
Rule - 41. Rounding off.
The fraction of a rupee in paise in Government transactions shall be rounded
off to the nearest rupee or as per the instructions issued by the Government.
Rule - 42. Overcharges.
Subject to such special orders as the Government may issue in any case, the
responsibility for an overcharge shall rest primarily with the drawer of a bill
and it is only in the event of culpable negligence on the part of the
controlling officer or of the PAO that the question of recovery from either of
them may be considered.
Rule - 43. Audit objections and recoveries.
(1)
Every Government servant
must attend promptly to all objections and orders communicated to him by the
PAO, Internal Audit Officer and Assistant Audit Officer or Senior Audit
Officer.
Explanation. - For
the purposes of this rule,
(i)
"Internal Audit
Officer" means any officer subordinate to, or under superintendence of the
Head of Accounting Organisation;
(ii)
"Assistant Audit
Officer or Senior Audit Officer" means any officer subordinate to, or
under the superintendence of the Comptroller and Auditor-General.
(2)
When a PAO disallows a
payment as unauthorised, the disbursing officer is bound not only to recover
the amount disallowed but to refuse to pay it in future till the PAO authorises
the payment to be resumed.
Note: If a Government
servant from whom a recovery is ordered is transferred to the jurisdiction of
another disbursing officer, the orders of recovery shall be passed on to that
disbursing officer without delay.
(3)
Recoveries may not
ordinarily be made at a rate exceeding one-third of pay unless the Government
servant affected has, in receiving the excess, acted contrary to orders or
without due justification or taken an advance for specific purpose and not
utilised it for the purpose within the prescribed period and failed to refund
the outstanding amount within the stipulated date.
Rule - 44. Authority competent to frame departmental regulations.
(1)
Where, under the provisions
of these rules, detailed procedure with respect to any matter is required to be
prescribed or regulated by departmental regulations, such regulations relating
to particular Departments shall be made by that Ministry or Department in
consultation with Ministry of Finance through Controller General of Accounts.
(2)
Nothing contained in this
rule shall affect the validity of any order, instruction or direction contained
in any authorised departmental regulations except in so far as such order,
instruction or direction is inconsistent with or repugnant to any distinct
provision contained in these rules.
Rule - 45. Power to relax.
The Government may, subject to such restrictions and conditions, if any, as it
may think fit to impose, dispense with or relax the provisions of any of these
rules.