Pension Rule No.98: Adjustment Of Government Dues Or Railway Dues

98.  Adjustment Of Government Dues Or Railway Dues:-

(1)   Dues pertaining to Government accommodation,

(i)    If on the date of death, the railway servant was allotee of Government accommodation , the Head of Office on receipt of intimation regarding the death of such railway servant shall within seven days of the receipt of such intimation, write to the Directorate of Estates for the issue of ‘No Demand Certificate’ so that authorization of family pension and death-cum-retirement gratuity is not delayed. While addressing the Directorate of Estates for the issue of ‘No Demand Certificate’, the Head of Office shall also supply the following information in duplicate (one copy) marked to the Rent Wing and the second to the Allotment wing:-

(a)   Name of the deceased railway servant with designation;

(b)   Particulars of the accommodation (quarter No., type and locality);

(c)   Date of death of railway servant;

(d)   Whether the railway servant was on leave at the time of his death and if so, the period and nature of leave

(e)   Whether the railway servant was enjoying rent free accommodation;

(f)    The period up to which licence fee had been recovered from the pay and allowances of the deceased railway servant and the monthly rate of recovery and particulars of the pay bill under which last recovery was made;

(g)   If the licence fee had not been recovered upto the date of death and the family intends to retain Government accommodation for the permissible period thereafter, details of the.

[Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]

(1)   Period for which licence fee still remains to be recovered;

(2)   The amount of licence fee in respect of the period at (1) to be determined on the basis of the standard rent bill;

(3)   The amount of licence fee for the retention of Government accommodation by the family of the deceased railway servant for the concessional period of four months beyond the date of death of the railway servant to be determined on the basis of standard bill;

(4)   The amount of licence fee sanctioned at (2) and (3) proposed to be recovered out of death-cum-retirement gratuity;

(5) (i) details of any previous reference from the Directorate of Estates having bearing on the recovery of licence fee outstanding against the allottee and action taken therein.

(ii)    The Head of Office shall recover from the death-cum- retirement gratuity the amount of licence fee as intimated to the Directorate of Estates under-clause (i)

(iii) The recovery of licence fee for the occupation of Government accommodation beyond the permissible period of four months shall be the Directorate of Estates.

(iv)   The Directorate of Estates shall scrutinize their records with a view to determine if licence fee other than the license fee referred to in clause (i) was outstanding against the deceased railway servant. If any recovery is found, the amount and the period or periods to which such recovery or recoveries relate shall be communicated to the Head of Office within a period of three months of the receipts of intimation regarding the death of the railway servant under clause (i).

(v)   Pending receipt of information under clause (iv), the Head of Office shall withhold ten per cent of the death-cum-retirement gratuity. [Authority: RBE No.44/2012, No.F(E)III/2010/PN1/4, 28.03.2012]

(vi)   If no intimation is received by the Head of Office within the period specified under clause (iv) regarding recovery of licence fee, it shall be presumed that nothing was recoverable from the deceased railway servant and the amount of gratuity withheld shall be paid to the person or persons to whom the amount of death-gratuity was paid.

(vii) If the Head of Office has received intimation from the Directorate of Estates under clause (vi) regarding recovery of licence fee, it shall be presumed that nothing was recoverable from the deceased railway servant, the Head of Office shall verify from the acquaintance rolls if the outstanding amount of licence fee was recovered from the pay and allowances of the deceased railway servant. If as a result of verification, it is found that the amount of licence fee shown as outstanding by the Directorate of Estates, had already been recovered, the Head of Office shall draw the attention of the Directorate of Estates to the pay bills under which the necessary recovery of the licence fee was made and subject to the provisions of sub-rule (2) take steps to pay the amount of the gratuity with held under clause (v) to the person or persons to whom the death gratuity was paid.

(viii) If the outstanding amount of licence fee was not recovered from the pay and allowances of the deceased railway servant, the outstanding amount shall be adjusted against the amount of the gratuity with held under clause (v) and the balance, if any, repaid to the person to whom the amount of death-cum-retirement gratuity was paid.

(ix)   Any amount of license fee or damages, remaining unpaid after adjustment from the withheld amount of gratuity, may be ordered to be recovered by the Head of Office through the Accounts Officer concerned from the dearness relief without the consent of the family pensioner and in such cases no dearness relief shall be disbursed until full recovery of such dues has been made. [Authority: RBE No.70/2016, No.2015/F(E)III/1(1)/4, 17.06.2016]

(2)   The Head of Office shall, within one month of the receipt of intimation regarding death of a railway servant, take steps to ascertain if any dues as referred to in rule 15 and sub-rule (6) of rule16 were recoverable from the deceased railway servant. Such ascertainable dues shall be recovered from the amount of death-cum-retirement gratuity becoming payable to the family of the deceased railway servant.