AMENDMENT TO PENSION RULES 1972 IN RECOVERY
OF LICENCE FEE AND PENAL INTEREST
DOPT has amended the Rules 64, 71, 72 & 80 of CCS (Pension) Rules, 1972 vide its OM No.20/16/1998-P& PW(F) dated 19/04/2010. The following are the salient features in the said orders.
1. In Rule 64, sub rule (4"), in clause (a) in sub-clause (ii) for the words "ten per cent of gratuity or one thousand rupees, whichever is less" the words "ten per cent of gratuity" shall be substituted.
2. In Rule 71, sub-rule (3), in clause (a) after the words "licence fee" the following shall be inserted namely "as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee"
3. In rule 72 (a) in sub-rule (5), for the word's "ten per cent of gratuity or one thousand rupees, whichever is less", the words "ten per cent of gratuity" shall be substituted.
(b) In sub-rule (6), the following sub-rules shall be substituted, namely:--
"(6) The recovery of licence fee (where it is not possible for the Directorate of Estates to determine the outstanding licence fee) as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee) shall be the responsibility of the Directorate of Estates and to withheld amount of gratuity under sub-rule (5) above, the retiring Government employees who are in occupation of Government accommodation, shall be paid immediately on production of. "No Demand Certificate "from the Directorate of Estates after 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 India) on the excess withheld amount of gratuity which is required to be refunded, after adjusting the arrears of licence fee and damages, if any, payable by the allottee and the interest shall be payable by the Directorate of Estates 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 licence fee or damages remaining unpaid 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.
4. In rule 80 in sub-rule (4), in clause (c), for the words "ten per cent of the amount of gratuity or rupees one thousand, whichever is less", the words "ten per cent of the amount of gratuity" shall be substituted.
5. In rule 80-C in sub-rule (I), in clause (v), for the words "ten per cent of the death gratuity
Or one thousand rupees, whichever is less", the words "ten per cent of death gratuity" shall be substituted.
For full text of the order copy please click the below link and down load.
http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/Pension/20-16-98-PPW(F)19042010.pdf.
1. In Rule 64, sub rule (4"), in clause (a) in sub-clause (ii) for the words "ten per cent of gratuity or one thousand rupees, whichever is less" the words "ten per cent of gratuity" shall be substituted.
2. In Rule 71, sub-rule (3), in clause (a) after the words "licence fee" the following shall be inserted namely "as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee"
3. In rule 72 (a) in sub-rule (5), for the word's "ten per cent of gratuity or one thousand rupees, whichever is less", the words "ten per cent of gratuity" shall be substituted.
(b) In sub-rule (6), the following sub-rules shall be substituted, namely:--
"(6) The recovery of licence fee (where it is not possible for the Directorate of Estates to determine the outstanding licence fee) as well as damages (for the occupation of the Government accommodation beyond the permissible period after the date of retirement of allottee) shall be the responsibility of the Directorate of Estates and to withheld amount of gratuity under sub-rule (5) above, the retiring Government employees who are in occupation of Government accommodation, shall be paid immediately on production of. "No Demand Certificate "from the Directorate of Estates after 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 India) on the excess withheld amount of gratuity which is required to be refunded, after adjusting the arrears of licence fee and damages, if any, payable by the allottee and the interest shall be payable by the Directorate of Estates 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 licence fee or damages remaining unpaid 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.
4. In rule 80 in sub-rule (4), in clause (c), for the words "ten per cent of the amount of gratuity or rupees one thousand, whichever is less", the words "ten per cent of the amount of gratuity" shall be substituted.
5. In rule 80-C in sub-rule (I), in clause (v), for the words "ten per cent of the death gratuity
Or one thousand rupees, whichever is less", the words "ten per cent of death gratuity" shall be substituted.
For full text of the order copy please click the below link and down load.
http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/Pension/20-16-98-PPW(F)19042010.pdf.
No comments:
Post a Comment