General

108. For the pay and fixed allowances of a gazetted Government servant, bills in form no. 5 should be used in which the whole of the pay and fixed allowances except sterling overseas pay claimable by a Government servant in respect of the same post should be set forth. A Government servant who draws an additional pay or allowance for a separate office need not present a separate bill for it unless it is chargeable to a local fund or to sources other than revenues of the State.

NOTE—A gazetted Government servant on leave preparatory to retirement, or refused leave under Fundamental Rules 86 and 86-A or any other corresponding rule, or such other leave on the expiry of which he is not expected to return to duty, should record a certificate on the leave salary bill that during the period for which leave salary is drawn, he was not re-employed under Government, Local Fund or a private employer.

109. (a) The pay and fixed allowances of the following classes of Government servants who are not ranked as gazetted Government servants but whose pay varies according to their position in their cadre or service should be drawn separately, in the form similar to that provided for gazetted servants, instead of being included in the pay bill or other office establishment :

(i) Inspectors of Police.

(ii) Head Sssistants and Sarishtadars of Commissioners’ offices.

(iii) Sub-assistant Surgeons.

(b) Such bills must also be signed by the authority who signs the establishment bills of the establishment to which they belong.

(c) Copies of all orders of appointments, promotion, transfer or leave of the above classes of Government servants sould be sent to the Accountant General.

110. Pay may be paid only upon the personal claim of the Government servant concerned, and to his personal receipt, and not otherwise. At the written request or order of the Government servant a pay bill may be made payable to some well-known banker or agent.

NOTES—(1) Under this rule the receipt of the banker or agent cannot be accepted as a final acquittance unless the bill itself is endorsed in favour of his banker or agent by means of a distinct pay order which need not be stamped.

(2) A Government servant or any other single person cannot be constituted an "agent" for the purposes of the above rule. But in the case of overseas pay drawn in sterling the word "agent" should be interpreted in its general and not in its restricted sense as given in this note. In other words a Government servant may nominate as his agent under this note not only a banker but any individual to receive sterling overseas pay on his behalf, except when he holds a legally valid power-of-attorney to act for the Government servant concerned.

(3) This ruling applies to all payments in India whether on account of pay, travelling or other allowances, which under the rules are made to Government servants on their personal account. Though sterling overseas pay is admissible only upon the personal claim of the Government servant concerned, no receipt from him is necessary in respect thereof, as the amount is disbursed in the United Kingdom by the High Commissioner for India to receipt of the banker or agent nominated by the Government servant to receive payment on his behalf. Payment of sterling overseas pay on behalf of a Government servant to more than one nominee simultaneously is not permissible.

(4) When the endorsement on a bill is incomplete or irregular, the Treasury Officer should refuse payment of the bill and return it to the person who presents it with memorandum explaining why payment is refused. When payment is made by cheque it is not correct to disregard the endorsement and issue a cheque in favour of the drawer.

(5) In the case of a person who is certified by a magistrate to be a lunatic, pay and allowances should be paid in accordance with the detailed procedure given in paragraph 107-CCC under the provisions of section 95(1) Indian Lunacy Act, 1912.

111. Government accepts no responsibility for any loss or-misappropriation arising through a Government servant entrusting his bills or cheques to a messenger for encashment.

112. Under Treasury Rule 22, no withdrawal shall be permitted in order to meet the pay, leave-salary, or allowances of a gazetted Government servant or any pension, until the Accountant General has intimated to the Treasury Officer the rate at which payment shall be made ; provided that the Government may, for special reasons and with the concurrence of the Accountant General, waive the provisions of this rule.

NOTE (1)—In the case of honorarium payable to gazetted Government servants, no authority from the Accountant General is necessary in cases where (i) the rates have already been laid down and (ii) the bills are countersigned by the departmental authorities competent to countersign the Travelling Allowance bills of the Government servant concerned. The departmental authority countersigning the bill should invariably certify that the honorarium has been sanctioned by the competent authority and that the concurrence of the Finance Department has been obtained, where necessary.

NOTE (2)—No authority from the Accountant General is necessary in the case of pay and allowances, etc. of gazetted Government servants in the pay scale the maximum of which does not exceed Rs. 1,200 per month drawn on the establishment bill forms by heads of offices.

113. A gazetted Government servant who is newly appointed to a permanent post the maximum of whose pay scale exceeds Rs. 1,200 should attach to his first pay bill a payment authority issued by the Accountant General and a certificate by the authority to whom the health certificate, required under Fundamental Rule 10, has been submitted, to the effect that required health certificate has been obtained.

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