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NO.20/16/1998-P&PW (F) Government of India Ministry of Personnel Public Grievances and Pensions Department of Pension and Pensioners Welfare ******* 3rd Floor, Lok Nayak Shawan, Khan Market, New Delhi-11 0 003 Dated the ")1(.July, 2013.

OFFICE MEMORANDUM Subject: Withholding of 10% gratuity from the retiring Government servants - clarification regarding.
The undersigned is directed to refer to this Department's OM of even number dated the 19th February 2013 on the above cited subject and to say that receiving representations from individuals and Pensioners Associations that Government Departments have the amount of gratuity from retirees even when they had not been been withholding provided any Government accommodation.

This is in contravention of existing instructions.

this Department 10% of is still 2 The recovery and adjustment of Govt.
dues from retirement gratuity is regulated under Rules 71 to 73 of the CCS (Pension) Rules, 1972.

Rule (1) to (3) of Rule 72 ibid provide for recovery of from pay & allowances before actual amount of Govt.

dues in respect of Govt.

accommodation retirement and from Retirement Gratuity.
Sub rule (5) of Rule 72 ibid stipulates that if, in any it is not possible for the Directorate of Estates to determine the outstanding licence particular case, ten per cent of gratuity may be withheld that Directorate shall fee, pending receipt of further is allotted to a Government OM NO.18011/5/1990-Pol-1I1 dated 12.10.2010, servant, it is for the Administrative Ministry to issue an 'NDC".

inform the Head of Office that information.


Further, in accordance with Dte of Estate's if no Government accommodation As regards recovery in respect of 3. accommodation, prior to the date of retirement come to notice subsequently retirement gratuity becoming payable to the Govt.

servant on retirement.

than those pertaining to Govt.

the Head of Office is required to complete assessment of such dues eight months [Rule 73(2)].
The actual amount of such dues and the dues which the amount of and remain outstanding are to be adjusted against 'Govt.
dues' other It is, therefore, clear that there is no provision for withholding any part of gratuity at the 4. for the purpose of recovery of outstanding government dues other than those time of retirement pertaining to government accommodation and the onus of timely collection of license fee is on the If the Directorate of Estate does not specifically inform the Administrative Directorate of Estates.

Department the outstanding license fee, Gratuity cannot be withheld on this account.
The only other circumstance under which gratuity can be withheld is in case of ongoing disciplinary proceedings against the Government servant.

Thus the Pay and Accounts Officer shall not withhold any gratuity unless the Head of Office dues and requests of 10% gratuity the outstanding for withholding for of (a) encloses instructions received from Directorate of Estate for withholding of 10% gratuity for outstanding license fee or (b) Informs of ongoing disciplinary proceedings.
These instructions are for strict compliance of all Administrative Ministriesl Departments.

5. of Government servant Form 8 will be notified later.

A revised FORM 8 - form of letter to the Accounts Officer forwarding the pension papers in the CCS(Pension) Rules for revised is also enclosed.

Formal amendment t1R~;: To, 1 All Ministries/Departments of the Government of India as per standard distribution list.
(Tripti P.Ghosh) (PP) TEL: 24624802 Director Copy to President's Secretariat, Vice President's Secretariat, 2.

Cabinet Secretariat, Supreme Court of India, C&AG, UPSC, etc.

as per standard endorsement Prime Minister's Office, list.

[Form of letter to the Accounts Officer forwarding the pension papers of a Government servant] FORMS No Government ofIndia Ministry of.

Department!

Office Dated the . '"

.

.


To The Pay and Accounts Officerl Accountant General, Sub:- Pension papers of Shri/Smt/Kumari For authorization of pension.

Sir, am I Shri/Smt.!Kumari.

necessary action.

directed to forward herewith the pension '" .

.

.. of this Ministry/Department!

Office papers for of further 2.


The details of Government dues which will remain outstanding on the date of retirement of the Government servant and which need to be recovered out of the amount of retirement gratuity are indicated below.
(a) Balance of the house building or conveyance advance .. (b) Overpayment of pay and allowances including leave salary (c) Income Tax deductible at source under the Income Tax Act, 1961 (43 of 1961) (d) Arrears of licence fee for occupation of Government accommodation ... (e) The amount oflicence fee for the retention of Government accommodation for the permissible period of two months beyond the date of retirement .

.

(t) Any other assessed dues and the nature thereof... ... Rs.

Rs.

Rs.

Rs.

Rs.

Rs.


3.

Your attention is invited to the list of enclosures which is forwarded herewith.

The receipt of this letter may be acknowledged and this Ministry/DepartmentlOffice informed that 4. necessary instructions for the disbursement of pension have been issued to disbursing authority concerned .

... 2/ .. 5.

The retirement gratuity will be drawn and disbursed by this Ministry/ Department!

Office on receipt of authority from you.


The outstanding Government dues as mentioned in para 2 above will also be recovered out of the retirement gratuity before making payment.

: 2 : Yours faithfully, Head a/Office.

List o(enclosures 1.

Form 5* and Form 7 duly completed.

2.

Medical certificate of incapacity (if the claim is for invalid pension).

3.

Statement of the savings effected and the reasons why employment could not be found elsewhere (if claim is for compensation pension or gratuity).

4.
4.

Service Book (date of retirement to be indicated in the service book).

5.

(a) Two specimen signatures, duly attested by a Gazette Government pensioner not impressions, duly attested by a Gazetted Government servant.

literate enough to sign his name, servant or in the case of two slips bearing the left hand thumb and finger **(b) Three copies of passport size photograph with wife or husband (either jointly or separately) duly attested by the Head of Office.
(c) Two slips showing the particulars of height and identification marks, duly attested by a Gazetted Government servant.

6.

A statement indicating the reasons for delay in case the pension papers are not forwarded before sox months of the retirement of Government servant.

7.

Written statement, if any, of the Government servant as required under Rule 59(1)(a).

8.
8.

Brief statement in case the Government servant has been re-instated after having been suspended, compulsorily retired, removed or dismissed from service.

leading to re-instatement of Government servant INOTE- When initials or name of the Government servant are or is incorrectly given in the various records consulted, should be mentioned in the letter.

I this fact * If a Government IFOOTNOTE- from the Government servant, Form may be sent as soon as it is obtained from the Government servant.
I is compulsorily retired from service and delay is anticipated in obtaining Form 5 the Head of Office may forward the pension papers to the Accounts officer without Form 5.

The servant 1* *Only two copies of passport size photograph need to be furnished if the Government servant Central Civil Services (Pension) Rules, 1972 and is unmarried or a widower or a widow.

I is governed by Rule 54 of the