Pension Rule No.16: Adjustment And Recovery Of Dues Pertaining To Government Or Railway Accommodation
16. Adjustment And Recovery Of Dues Pertaining To Government Or Railway Accommodation:-
(1) The Directorate of Estates on receipts of intimation from the Head of Office under sub-rule (1) of rule 77 regarding the issue of No Demand Certificate shall scrutinize its records and inform the Head of Office within two months, [Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016] 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, i.e. 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 installments from the current pay and allowances of the allotee 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 un-recovered licence fee, if any, mentioned in sub-rule (3).
[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]
(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 gratuity may be withheld pending receipt of further information.
[Authority: RBE No. 44/2012, No.F(E)III/2010/PN1/4, 28.03.2012]
(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 the 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.
(6A) 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.
(6B) 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.
[Authority: RBE No.44/2012, No. F(E)III/2010/PN1/4, 28.03.2012]
NOTE:- For the purpose of this rule, the licence fee shall also include any other charges payable by the allottee for any damage or loss caused by him to the accommodation or its fittings.
(7) A railway servant shall vacate the railway accommodation immediately after his retirement.
(8) (a) In case where a railway accommodation is not vacated after superannuation of the railway servant or after cessation of his service such as on voluntary retirement, compulsory retirement, medical invalidation, or death, then, the full amount of retirement gratuity, death gratuity or special contribution to provident fund, as the case may be, shall be withheld.
(b) The amount withheld under clause (a) shall remain with the railway administration in the form of cash.
(c) In case the railway accommodation is not vacated even after the permissible period of retention after the superannuation, retirement, cessation of service or death, as the case may be, the railway administration shall have the right to withhold, recover, or adjust from the Death-cum-retirement Gratuity, the normal rent, special licence fee or damage rent, as may be due from the ex-railway employee and return only the balance, if any, on vacation of the railway accommodation.
(d) Any amount remaining unpaid after the adjustment made under clause (c), may also be recovered without the consent of the pensioner by the concerned Accounts Officer from the dearness relief of the pensioner until full recovery of such dues has been made.
(e) Dispute, if any, regarding recovery of damages or rent from the ex-railway employee shall be subject to adjudication by the concerned Estate Officer appointed under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (40 of 1971).
[Authority: RBE No.101/2000, No.F(III)/97/PN1/14 (Amendment), 24.05.2000]