PART X—PROCEDURE RELATING TO PENSIONS CHAPTER XLVII—Applications for and Grant of Pension

Section I — General

905. (1) The rules in this Chapter apply to all officers under the rule making control of the State Government.

(2) Unless there is anything repugnant in the subject of contest, for the purposes of this Chapter "gratuity" means death-cum-retirement gratuity and includes service gratuity, if any.

906. (1) Every Head of the Department shall have a list prepared every six months i.e. on the 1st January and the 1st July each year of all gazetted and non-gazetted Government servants who are due to retire within the next 12 to 18 months of that date. A copy of every such list shall be supplied to the Audit Officer concerned not later than the 31st January or the 31st July, as the case may be, of that year, In the case of persons retiring for reasons other than by way of superannuation, the Head of the Department shall promptly inform the Audit Officer as soon as the inpending retirement becomes known to him.

(2) The Head of the Department shall take steps at least one and a half year before the anticipated date of retirement of a Government servant so as to ensure that no Government dues remain outstanding against the Government servant by the time he retires.

907. Every Government servant shall submit a formal application for pension in Form 30. Gazetted Government servants shall send their applications direct to the Audit Officer and non-gazetted Government servants to the Head of Department. Every Government servant should submit his formal application for pension at least one and a half years in advance of the date of his anticipated retirement.

Provided that—

(i) in cases in which the date of retirement cannot be foreseen one and a half years in advance, the application shall be submitted immediately after the date of retirement is settled; and

(ii) a Government servant proceeding on leave preparatory to retirement in excess of one and a half years, shall submit the application at the time of proceeding on such leaves.

908. (1) A gazetted Government servant whose pay and allowances are drawn by the Head of Department on establishment bills shall be treated as a non-gazetted Government servant. Such government servant shall submit his application for pension to the Head of Department and the procedure laid down in Articles 914 to 919 (both inclusive) shall apply to him.

(2) In the case of a Government servant holding a lien or a suspended lien on a non-gazetted post and holding a gazetted post in a temporary or officiating capacity at the time of retirement and whose pay and allowances are not drawn by the Head of Department on establishment bills, the Head of Department shall send the service book of the Government servant concerned to the Audit Officer at least one year in advance of the date of retirement of such Government servant or as soon as possible if such government servant is promoted to officiate in a gazetted post only during the last year of his service, after verifying that the certificate of verification ralating to non-gazetted service has been recorded and that the service book is complete in all respects.

909. The State government, the Head of the Department or any authority competent to make appointment to the post substantively held by the retiring government servant and, in the case of sub-Inspectors and Inspectors of Police, also the Deputy Inspector General of Police (headquarter) shall be competent to sanction pension and gratuity. Such authority shall, after the consideration of the facts of the case and having due regard to the provisions of Article 470, record in Form 25-A his orders as to whether the service rendered by the Government servant has been satisfactory and is approved for the grant of the full pension or gratuity or both, admissible under the rules or whether the service so rendered has not been througly satisfactory and what reduction should for that reason be made from the full pension or gratuity or both, admissible under the rules.

910. Should the amount of pension gratuity granted to an officer be afterwards found to be in excess of that to which he is entitled under the appropriate Rules and Regulations, he shall be called upon to refund such excess. For this purpose the officer concerned shall be served with a notice by the pension sanctioing authority requiring him to refund the excess payments within a period of two months from the date of receipt by him of the notice. On his failure ot comply with the notice the pension sanctioning authority shall, where possible order that such excess payments shall be adjusted by short payments of pension in future, in one or more instalments, as the authority may direct.

note—For the purposes of this Article, a declaration in Form "A" below shall be obtained from the retiring officer by the Audit Officer or the pension sanctioning authority, as the case may be before the pension/gratuity and Death-cum-retirement gratuity are sanctioned. Similarly that authority shall obtain before sanctioning family pension, service gratuity, death-cum-retirement gratuity, a declaration in Form "B" below from such member of the family or legal heir or heirs of the deceased government servant or pensioner, as the case may be, as may under rules be entitled to get the same.

FORM "A"

(To be signed by the retiring government servant)

WHEREAS the......(here state the designation of the officer sanctioning the pension/gratuity and death-cum-retirement gratuity) has consented to grant me the sum of Rs....... per month as the amount of my pension with effect from...... and the sum of Rs.......as the amount of my gratuity, death-cum-retirement gratuity, I hereby acknowledge that in accepting the said amount(s) I fully understand that the pension/gratuity and death-cum-retirement gratuity, is subject to revision on the same being found to be in excess of that to which I am entitled under the Rules, and I promise to base no objection to such revision. I further promise to refund any amount paid to me in excess of that to which I may be enventually found entitled.

Signature of the Government servant.

1. Signature

Address and occupation of witness.

2. Signature

Address and occupation of witness.

The declaration should be witnessed by two persons of respectability in the town, village or pargana in which the applicant resides.

FORM "B"

(To be signed by the legal heir or member of the family of the deceased government servant)

WHEREAS the........(here state the designation of the officer sanctioning the family pension/death-cum-retirement gratuity arrears of pension or service gratuity) has consented to grant me the sum of Rs. .....being the amount of family pension due to me and or the sum of Rs. ......being the amount of death-cum-retirement gratuity/arrears of pension or service gratuity due to Sri/Srimati/Kumari.......(here give the name and designation of the deceased Government servant), I hereby acknowledge that in accepting the amount(s) indicated above, I fully understand that the family pension due to me and death-cum-retirement gratuity/arrears of pension or service garatuity due to late Sri/srimati/Kumari.......is subject to revision on the same being found to be in excess of that to which I am entitled under the rule, and I promise to base no objection to such revision. I further promise to refund any amount paid to me in excess of that to which I may be envetually found entitled.

Signature of the beneficiary.

1. Signature

Address and occupation of witness.

2. Signature

Address and occupation of witness.

(i) Separete declarations should be filled in by each beneficiary.

(ii) Declaration should be witnessed by two persons of respectability in the town, village or pargana in which the applicant resides.

SECTION II—Gazetted Government Servants

911. The Audit Officer shall undertake the work of preparing pension papers in Form 25 one and a half years before the date on which a Government servant is due to retire on superannuation or on the date on which he proceeds on leave preparatory to retirement, whichever is earlier or, where the date of retirement cannot be foreseen one and a half years in advance, immediately upon being notified by the appropriate pension sanctioning authority about the date of retirement which shall be done by the latter as soon as the said date has been settled. In the event of a Government servant applying for invalid pension the medical cartificate submitted under Article 442 shall also be forwarded to the Audit Officer. The preparation of pension papers as above shall not be delayed till the Government servant has actually submitted his formal application for pension.

912. (a) The audit Officer shall send to every gazetted Government servant, under intimation to the Head of the Department, or where the retiring Government servant is himself the Head of the Department, to the Administrative Department concerned of Goverment, a copy of Form 30 (formal Application for Pension) one and a half years in advance of the date on which the Government servant attains the age of superannuation or before the date of is anticipated retirement, if earlier, or immediately upon being notified in the case of an application for invalid pension, with the request that is should be returned to him duly completed within a period of three months from the date of issue of intimation to the Government servant by him but, where feasible in no case later than the actual date of retirement. The Audit Officer shall also draw attention of the retiring Government servant to the provisions of article 930.

(b) On receipt of a copy of formal application for pension from the Audit Officer, the retiring Government servant shall return it duly completed to the Audit Officer within the period mentioned in clause (a) under intimation to the Head of the Department or the administrative Department of Government, as the case may be.

(c) (i) On receipt of the intimation from the Audit Officer, the head of the Department or the Administrative Department of Government, as the case may be, shall communicate the orders of the authority sanctioning the pension to the Audit Officer in Form 25A within a period of four months from the date of receipt of intimation but where feasible in no case later than the date of retirement of the Government servant.

Note—In cases in which the character roll of the government servant is maintained at the headquarters of Governments the pension sanctioning authority shall, before recording his orders in Form 25-A obtain a certificate form the Secretary to Goverment in the appropriate Department as to the satisfactory nature of the service of the Government servant concerned. It shall be incumbent on such Secretary to Government, when asked therefor, to furnish the required certificate with utmost dispatch and in any case within two months of the demand therefor made by the pension sanctioning authority. If there is any development thereafter which might affect the pension the fact shall be promptly communicated to the pension sanctioning authority.

(ii) If the orders of the authority sanctioning the pension are not received by the audit Officer within the period mentioned in sub-clause (i), he shall assume that the retiring government servant has been allowed full pension or gratuity or both as admissible under the rules.

(iii) If after the communication of the order of sanction to the audit Officer any event occurs which has a bearing on the amount of pension admissible, the fact shall be promptly reported to the Audit Officer by the authority sanctioning the pension. In cast no such event has occurred a report to that efffect together with a certificate as to the satisfactory nature of the service rendered by the government servant after the despatch of Form 25-A mentioned in sub-clause (i) shall be forwarded to the audit Officer within a week of the date on which the Government servant retires.

(d) The details of any Government dues outstanding against the government servant and the steps taken to safeguard the interest of the Government in this behalf shall also be communicated by the Head of Department to the Audit Officer at least 14 days before the date of retirement of the Government servant.

(e) When the Government servant has retired from service, a notification in the gazette specifying the actual date of his retirement shall be issued with in a week of such date and a copy of every such notification shall be forwarded to the Audit Officer Immediately :

Provided that in cases where a notification in the gazette regarding the grant of leave preparatory to retirement to a gazetted Government servant is issued, a further notification that the Government servant actully retired on the expiry of such leave shall not be necessary unless the leave is curtailed and the retirement is for any reason ante-dated or postponed.

(f) As soon as the pension and gratuity are finally assessed by the audit Officer and the pension is payable in his circle of Audit, he shall prepare pension payment order after taking into account the orders of pension sanctioning authority and the audit enfacement on the third page of Form 25, but shall not issue the said order more than a for night in advance of the date on which the Government servant is due to retire. The fact of issue of Pension Payment Order shall be promptly reported to the pension sanctioning authority. If the payment of pension is desired in another circle of audit, the Audit Officer shall send the necessary payment authority to the Audit Officer of the circle for arranging payment at the Treasury concerned.

(g) In preparing the pension payment order or authority the Audit Officer, where necessary, shall—

(i) recover out of the Death-cum-retirement gratuity, an amount equal to two months’ emoluments representing the Government servant’s contribution towards the New family Pension Scheme, 1965; and

(ii) take appropriate action for the recovery and adjustment of Government dues as provided in section IV.

913. (a) When a Government servent whose pension is payable in India is likely to retire before his pension can be finally assessed and settled in accordance with the provisions of this Chapter, the Audit Officer shall authorise the disbursement of pension to which, after the most careful summary investigation that he can make without delay, he believes the Government servant to be entitled provided that such disbursement shall be made only after the declaration specified hereinafter has been signed by the retiring Government servant. If the payment of pension is desired in another circle of audit, the Audit Officer shall send a copy of the order to the Audit Officer of that circle for issuing necessary instructions to the Treasury Officer concerned for disbursement of the pension.

Declaration

"Whereas the ..... (here state the designation of the officer sanctioning the advance) has consented provisionally to advance to me the sum of Rs. ......... a month, in anticipation of the completion of the enquiries necessary to enable the Government to fix the amount of my pension, I hereby acknowledge that in accepting this advance, I fully understand that my pension is subject to revision on the completion of the necessary formal enquiries, and I promise to base no objection to such revision on the ground that the provisional pension now to be paid to me exceeds the pension to which I may be eventually found entitled. I further promise to repay any amount advanced to me in excess of the pension to which I may be eventually found entitled."

(b) When a Government servant whose pension is payable in England is likely to retire before his pension can be finally assessed and settled, the Audit Officer shall, after the most careful sumary investigation that he can make without delay, report to the High Commissioner for India in the United Kingdom, through the authority competent to sanction the pension, the minimum amount to which he believes the Government servant to be entitled. The High Commissioner shall then, on receiving from the officer a declaration similar to that referred to in clause (a), authorise the immedite disbursement of the amount reported or such smaller amount as may be deemed proper.

(c) The disbursement of pension under clause (a) of clause (b) shall be subject to revision on the completion of the detailed investigation and enquiries, if any. If the amount of pension granted to a Government servent under clause (a) or clause (b) be afterwards found to be in excess of that to which he is entitled under the Regulations, the difference shall be adjusted by short payment of pension payable in future.

(d) Subject to the provisions of clause (a) the Audit Officer may also sanction the disbursement of not more than three-fourths of the amount of Death-cum-retirement gratuity and/or of service gratuity where the latter instead of a pension is found admissible.

Provided that if the amount of service gratuity so paid proves to be larger than the amount finally assessed the excess amount may be adjusted out of the balance of the D.C.R. gratuity, where possible.

Provided further, that if the amount of Death-cum-retirement gratuity so paid proves to be larger than the amount finally assessed, the excess amount shall be adjusted in the same manner as laid down in clause (c), where possible.

(e) The Provisions of clause (g) of Article 912 shall also apply to the disbursement of pension/and/or gratuity under this article.

SECTION III—Non-Gazetted Government Servants

914. (1) Every Head of Department shall undertake the work of preparing pension papers one and a half years before the date on which a Government servant is due to retire on superannuation or on the date on which he proceeds on leave preparatory to retirement, whichever is earlier, or where the date of retirement cannot be foreseen one and a half years in advance, immediately after the date of retirement is, settled. This work shall not be delayed till the Government servant has actually submitted the formal application for pension.

(2) The Head of Department shall send to every non-gazetted Government servant a copy of Form 30 (Formal Application for pension) one and a half years in advance of the date on which the Government servant attains the age of superannuation or before the date of his anticipated retirement, if earlier, or, in the case of an invalid pension, immediately upon receipt of a medical certificate under Article 442, with the request that it should be returned to him duly completed within a period of three months from the date of issue of intimation to the Government servant by him but where feasible in no case later than the actual date of retirement. The Head of Department shall also draw attention of the retiring Government servant to the provisions of Article 930.

Explanation—In this Article and in Articles 915 to 919 (both inclusive) the expression "Government Servant" means a non-gazetted Government servant including a gazetted Government servant referred to in clause (i) of Article 908.

915. As a first step the Head of Department shall prepare a statement of applicant’s service in the second page of Form 25 and thereafter proceed as follows—

(a) he shall go through the service book or the service roll, if any, and satisfy himself as to whether the annual certificated of verification for the entire service are recorded therein. In respect of the unverified portion or portions of service, he shall arrange to verify it or them, as the case may be, with reference to pay bills, acquittance rolls or other relevant records and record the necessary certificated in the service book or service roll, as the case may be;

(b) if the service for any period is not capable of being verified in the manner specified in clause (a), that period of service having been rendered by the government servant in another office or department, a reference shall be made to the Head of that office, or as the case may be, of that department in which the officer is shown to have served during that period for the purposes of verfication;

(c) if any portion of service rendered by a Government servant is not capable of being verified in the manner specified in clauses (a) and (b) the Government servant shall file a written statement on plain paper stating that he had in fact rendered that period of service and shall, at the foot of the statement make and subscribe to a declaration as to the truth of that statement and shall in support of such declartion produce all documentary evidence and furnish all information which is in his power to produce or furnish. The authority competent to sanction pension to that Government servant shall, after taking into consideration the facts in the written statement and the evidence produced and the information furnished by that Government servant in support of the said period of service, if satisfied, admit that portion of service as having been rendered for the purposes of calculating the pension of that Government servant.

916. After completing the service statement mentioned in article 915, the Head of Department shall complete the first page of Form 25. This should be done irrespective of the fact whether a formal application for pension has been received from the Government servant or not. If at such time the said formal application from the Government servant has not been received, the relevant columns in the first page of Form 25 shall be left unfilled. The relevant entries shall be made soon after the said formal application is received.

917. After complying with the requirements of article 916, the Head of Department shall proceed as follows:—

(i) he shall certify in Form 25-A as to whether the character, conduct and past service of the applicant are such as to entitle him to the favourable consideration of the authority sanctioning the pension. He shall also record therein his own opinion as to whether the service claimed has been estalished and should be admitted or not. All periods of leave, shall to pension, etc., which are not reckoned as service should be carefully recorded in section III of second page of Form 25. If the aplication is for an invalid pension, the requisite medical certificate shall be attached;

(ii) after obtaining the orders of the pension sanctioning authority in Form no. 25-A, the Head of Department shall send Forms 25 and 25-A, in original to the Audit Officer, with a covering letter in Form 26, along with the Government servant’s service book or service roll, if any, duly completed up to date and any other documents relied upon for the verification of the service claimed, in such a manner that they can be conveniently counsulted. He shall retain one copy of each of the above forms for his office record. In cases where payment is desired in another all forms for his office record. In cases where payment is desired in another also audit circle, Forms 25 and 25-A, shall be sent to the Audit Officer in duplicate.

918. (a) If after the pension papers have been forwarded to the Audit Officer, any event occurs which has a bearing on the amount of pension admisstion the fact shall be promptly reported to the Audit Officer by the Authority sanctioning the pension.

(b) In cases where the pension papers have been sent to the Audit Officer before the actual date of retirement of the Government servant, a certificate as to the satisfactory nature of service rendered by the Government servant for the period from the date of admitting service by the authority sanctioning the pension to the date of actual retirement together with a copy of the order specifying the actual date of his retirement, shall be forwarded, to the Audit Officer within a week from the date on which he retired. At the same time details of any Government dues outstanding against the Government servant, and the steps taken to safeguard the interest of the Government in this behalf shall also be intimated to the Audit Officer.

919. (1) After the pension papers have been sent to the Audit Officer, the Head of Department shall draw provisional pension not exceeding the maximum pension in the event of a pension being admissible, or provisional service gratuty not exceeding the three-fourths of the maximum gratuty where only a service gratuity is admissible, and three-fourths of the Death-cum-retirement gratuity where admissible as indicated by him against item 13 of Form 25 for each pensioner separately at the Treasury at which the pay and allowance are drawn by him and arranged to disburse the pension and gratuity on the first day of the month following the month in which the officer retires from service under intimation to Audit Officer:

Provided that such disbursement shall be made only after the declaration specified hereinafter has been signed by the retiring Government servant. If the pensioner desires payment through Money Order or Bank draft at the place where he is residing the provisional pension, not service or Death-cum-retirement gratuity, shall be remitted to him through money order or Bank-Draft at his cost. The payment of such Provisional Pension shall continue only for a period of twelve month from the date of retirement of the Government servant unless the period is extended by the Audit Officer under Article 920. The pension and gratuity disbursed in the above manner shall be subject to adjustment being made before issue of final authority by the Audit Officer.

Declaration

(To be signed by the retiring Government servant)

Whereas the ......................... (here state the designation of the officer sanctioning the pension gratutiy and death-cum-retirement gratuity), has consented to grant me provisionally the sum of Rs..................per month as the amount of my pension with effect from....................and the sum of Rs. ...............as three fourths, part of the amount of my gratuity death-cum-retirement gratuity, I hereby acknowledge that in accepting the said provisional amounts (s), I fully understand that the said pension gratuity and death-cum-retirement gratuity is provisional and subject to revision on the same being found to be in excess of that to which I am entitled under the rules, and I promise to base no objection to such revision. I further promise to refund any amount paid to me in excess, of that to which I may be eventualy found entitled.

Signature of the Government servant

1. Signature................................................

Address and occupation of witness....................

2. Signature.................................................

Address and occupation of witness.....................

The declaration should be witnessed by two persons of respectability in the town, village or pargana in which the applicant resides.

(2) The Head of Department where necessary shall:—

(a) recover out of the gratuity, an amount equal to two months emoluments representing the Government servant’s contribution towards the New Family Pension Scheme, 1965; and

(b) take appropriate action for the recovery and adjustment of Government dues as provided in section IV.

(3) It is open to the Government servant to receive the payment of the balance of the one-fourth of the death-cum-retirement gratuity either from the Treasury from which payment of final pension/service gratuity is desired by him or from the Head of Department. If the Government servant desires to receive the payment of the balance of the gratuity from the Head of Department he shall communicate his option in this behalf to the Head of Department, before proceeding on retirement. The Head of Department shall, in such a case, take necessary steps to draw and disburse the gratuity only after the Audit Officer has issued the necessary authority.

(4) The Head of Department shall issue a sanction letter, endorsing a copy thereof to the Audit Officer, indicating the amount of provisional pension/three-forths of service gratuity and the three-fourths of the death-cum-retirement gratuity payable to the Government servant on retirement from service. He shall also indicate in the sanction letter the amount to be recovered out of the death-cum-retirement gratuity. After issue of the sanction letter, he shall take necessary steps todraw and disburse the provisional pension/service gratuity and death-cum-retirement gratuity. As soon as the provisional payments of pension and gratuity have been completed, the Head of Department shall inform the Audit Officer of the particulars of the aforesaid payments actually made by him.

920 (1) If the Audit Officer is unable to assess the amount of final pension and gratuity whithin a period of twelve months of the date of retirement of the Government servant, he shall communicate the fact to the Head of Department under intimationto the Treasury Officer concerned, and authorise him to continue to disburse the provisional pension to the pensioner concerned for such period as may be specified by the Audit officer.

[The amendment takes effect from June 11,1975].

(2) If the payment of the balance of the death-cum-retirement gratuity is desired to be made from the Treasury or sub-treasury from where the final pension/service gratuity is to be drawn, the Audit officer shall authorise the payment of the death-cum-retirement gratuity after adjusting the amount outstanding against the retired Government servant. If the Government servant has opted for receiving the payment of the balance of the gratuity from the Head of Department, the Audit Officer shall issue the necessary authority in this behalf under intimation to the Government servant and the Treasury officer indicating the amount, if any, which the Head of Department shall adjust before making payment to the Government servant.

(3) The fact of the issue of the Pension payment Order for the payment of the balance of the gratuity shall be promptly reported to the head of Department and the pension papers which are no longer necessary shall be returned to him.

(4) The adjustment of provisional pension and gratuity drawn and disbursed by the Head of Department shall be made by the Audit Officer in whose circle the provisional payments were made.

(5) If the Audit officer is unable to assess the amount of final pension and gratuity whitin a period of six months of the date of retirement of the Government servant, he shall communicate the fact to the head of Department under intimation to the Treasury Officer concerned, and authorise him to continue to disburse the provisional pension to the pensioner concerned for such period as may be specified by the Audit officer.

(6) The Audit Officer may authorise the payment of the balance of the death-cum-retirement gratuity even during the period of the currency of the provisional pension provided that the amount of gratuity has been finally assessed and no recovery of Government dues is outstanding against the Government servant.

(7) If the pension and the balance of the gratuity are to be paid in another circle of audit, the Audit Officer shall send a copy of each of Form 25 and Form 25-A alongwith his audit enfacement, and the last pay certificate, if received, to the Audit Officer of that circle who shall prepare the pension Payment order and an order for the payment of balance of gratuity and take further action as indicated in clause (1).

(8) If the amount of provisonal pension/service gratuity drawn and disbursed by the Head of Department is found to be in excess of the final pension/service gratuity assessed by the audit Officer, it shall be open to the Audit Officer to adjust the excess amount out of the balance of the death-cum-retirement gratuity, if any, or recover the excess amount by short payment of pension payable in future.

(9) If the amount of the death-cum-retirement gratuity authorised by the head of Department, proves to be larger than the amount finally assessed by the Audit Officer, the excess amount shall be adjusted in the same manner as laid down in clause (8) where possible.

921. The Audit Officer shall record briefly on the second page of Form 25 his reasons for disallowing any service claimed. Any other disallowance shall be recorded in the audit enfacement on the third page of Form 25 with reasons therefor.

SECTION IV—GOVERNMENT DUES AND SANCTIONING PENSION

922. (1) It shall be the duty of every retiring Government servant to clear all Government dues before the date of his retirement

(2) where a retiring Government servant does not so clear Government dues and these are ascertainable, an equivalent cash deposit may be taken from him, if he is unable or unwilling to do so an amount up to that recoverable on account of ascertainable government dues may, where possible, be recovered out of the death-cum-retirement gratuity.

923. (1) If any of the Government dues remain unrealized and unassessed for any reason, the retiring government servant may be asked to furnish a surety of a suitable permanent Government servant in Form 26-A. If the surety furnished by him is found acceptable, the grant of his pension and gratuity shall not be delayed.

(2) If the retiring Government servant is unable or unwilling to furnish a surety, a suitable cash deposit may be taken from him, or, such portion of the death-cum-retirement gratuity payable to him as may be considered sufficent may be held over till the outstanding dues are assessed and adjusted. the cash deposit to be taken or the amount of gratuity to be withheld shall not in such cases, exceed the estimated amount of the outstanding dues plus 25 per cent thereof.

(3) In Cases where it is not possible to estimate the approximate amount recoverable from the retireing Government servant, and the dues do not relate to shortages of stocks or suspected misappropriation or embezzlement of public funds, the amount of the deposit to be taken or the portion of death-cum-retirement gratuity to be withheld, shall be limited to 10 per cent of the gartuity or Rs. 1,000 whichever is less.

(4) In cases where it is not possible to estimate the approximate amount recoverable from the retiring government servant, and the dues relate to shortages of stocks or suspected misappropriation or embezzlement of public funds, the entire amount of the death-cum-retirement gratuity shall be held over till the amont to be recovered is determined and orders are issued for its recovery where the same is possible under the law, and a decision is taken under Article 470 whether the gratuity shall be paid in full or reduced by any portion.

(5) Efforts shall be made to assess and adjust or recover the recoverable Government dues within a period not exceeding one year from the date of retirement of the Government servant concerned. If no claim is made on Government account against the government servant within this period, in all cases other than those where the dues relate to shortages of stocks or, suspected misappropriation or embezzlement of public funds, the surety or the cash deposit, as the case may be, taken under clause (2) or clause (3) or where such is the case the withheld portion of the death-cum-retirement gratuity shall be released after recovering or adjusting to whatever extent possible the Government dues as assessed up to that time.

NOTE—In respect of dues Pertaining to the occupation of Government accommodation by the Government servant the period of one year shall reck on from the date of retirement or from the date of complete vacation of the Government accommodation whichever is later.

(6) Government dues which remain unrealized under the foregoing procedure and all other dues the claim for which may be received after the period envisaged therein, shall, however, be recoverable from the pensioner.

_____