Death of payee
99. (a) Pay or allowances can be drawn for the day of a persons death ; the hour at which death takes place has not effect on the claim.
(b) Subject to the provisions of paragraph 97-A pay and allowances of all kinds including honoraria, fee, remuneration etc. claimed on behalf of a deceased Government servant may be paid without production of the usual legal authority :
[Change incorporated vide correction slip no. 36 dated 06-10-1983.]
[Vitta Lekha Anubhag-1 File no.15(12)-57]
(i) if the gross amount of the claim does not exceed Rs. 5,000, under orders of the Head of the Office, in which the Government servant was employed at the time of his death, provided that the Head of the Office is otherwise satisfied about the right and title of the claimant ; and
(ii) if the gross amount of the claim exceeds Rs. 5,000, under orders of the Head of the Department concerned on execution of an indemnity bond in Form no. 3-A duly stamped for the gross amount due for payment, with such sureties as may be deemed necessary :
Provided that the authority mentioned in clause (i) above may, subject to the condition prescribed in that sub-clause, make anticipatory payment of an amount not exceeding Rs. 5,000.
NOTES(1) Normally there should be two sureties both of known financial stability, unless the gross amount of the claim is less than Rs. 7,500 in which case the authority accepting the indemnity bond in Form no. 3-A for and on behalf of the Governor should decide on the merits of each case whether to accept only one surety instead of two.
(2) The obliger as well as the sureties executing the indemnity bond should have attained majority so that the bond may have legal effect or force. The bond is also required to be accepted on behalf of the Governor by an officer duly authorised under Article 299(1) of the Constitution.
(iii) In case of any doubt, payment shall be made only to the person(s) producing the legal authority.
(c) The procedure to be followed in regard to the preferment, withdrawal and disbursement of claims of deceased Government servants to their claimants will be as under :
On receipt of the claim for payment of arrears of pay and allowances on behalf of a deceased Government servant from his heir/heirs, the head of the office in which the Government servant was last employed should draw the amount in the appropriate bill form from the treasury. The claims should be supported by all the relevant certificates which the head of the office is required to furnish in the normal circumstances. However, in respect of the certificate which solely depend on the personal knowledge of the Government servant, and which obviously cannot be furnished by the head of the office, the head of office should record, if he is satisfied about the correctness of the claim, and furnish a certificate to the effect that the claim is not susceptible of verification but is considered reasonable. In the case of gazetted officers, the head of the office has to satisfy himself by reference to the Accountant General, the departmental authorities concerned, if any, and his own records that there are no demands outstanding against the deceased Government servant. In the case of other Government servants payments may be made without reference to the Accountant General on the responsibility of the head of office concerned. The amount should be disbursed to the claimant/claimants by the head of the office on his own where the gross amount of the claim does not exceed Rs. 5,000 in terms of sub-para (b) (i) above and under orders of higher authorities if the gross amount of the claim exceeds Rs. 5,000 as mentioned in sub-para (b) (ii) above. A formal receipt, stamped where necessary, should be obtained from the claimant(s).
NOTES(1) In cases where a Government servant, under orders of transfer, makes over charge of his post but dies before taking over charge of his new post, the arrear claims of the deceased Government servant will be drawn and disbursed by head of the office in which he was last employed.
(2) The procedure prescribed in this rule shall apply to any claim for payment of dues or honorarium payable to deceased non-official including deceased non-official members of any Commission/Committee, whether statutory or not as it applies to the claim for payment of pay and allowances of a deceased Government servant.
100. Treasury Officers will furnish to the Accountant General annually on December 1, a list of all retired officers of gazetted rank, drawing pension from the Treasury whose deaths within the preceding twelve months have come to their notice. The list should give the following information :
(1) Name ;
(2) Service or appointment ;
(3) Date of death.
N.B.Any honours and distinctions including the Kaisar-i-Hind Medal which have been awarded to the deceased officer should be specified in the list.