Section 101(1) in Rajasthan Civil Services (Pension) Rules, 1996
(1)Dues pertaining to Government accommodation-(i)If on the date of death the Government servant was allottee of Government accommodation, the Head of Office on receipt of intimation regarding the death of the Government servant shall within seven days of the receipt of such intimation, write to the Directorate of Estate/Public Works Department for the issue of "No Demand Certificate" so that authorisation of family pension and death gratuity is not delayed. While addressing the Directorate of Estate/Public Works Department for the issue of no demand certificate, the Head of Office shall also supply the following information:-(a)name of the deceased Government servant with designation;(b)particulars of the accommodation (quarter No., type and locality);(c)date of death of Government servant;(d)whether the Government servant was on leave at the time of his death and, if so, the period and nature of leave;(e)whether the Government servant was enjoying rent-free accommodation;(f)the period up to which rent had been recovered from the pay and allowances of the deceased Government servant and the monthly rate of recovery and particulars of the pay bill under which last recovery was made;(g)if the rent had not been recovered up to the date of death and the family intends to retain Government accommodation for the permissible period from the date of death of the Government servant, details of the-(A)period for which rent still remains to be recovered;(B)the amount of rent in respect of the period at (A) to be determined on the basis of the standard rent bill;(C)the amount of rent for the retention of Government accommodation by the family of the deceased Government servant for the concessional period beyond the date of death of the Government servant to be determined on the basis of standard bill;(D)the amount of rent mentioned at (B) and (C) proposed to be recovered out of death gratuity;(E)details of any previous reference from the Directorate of Estate/Public Works Department having bearing on the recovery of rent outstanding against the allottee and action taken thereon.(ii)The amount of rent as intimated to the Directorate of Estate / Public Works Department under clause (i), rent shall be recovered from death gratuity.(iii)The recovery of rent for the occupation of Government accommodation beyond the permissible period shall be the responsibility of the Directorate of Estate/Public Works Department.(iv)The Directorate of Estate/Public Works Department shall scrutinize their records with a view to determine if rent other than the rent referred to in clause (i) was outstanding against deceased Government servant. If any recovery is found, the amount and the periods to which such recovery or recoveries relate shall be communicated to the Head of Office within a period of three months of the receipt of intimation regarding the death of the Government servant under clause (i).(v)Pending receipt of information under clause (iv), ten per cent of the death gratuity or two thousand in respect of Non-gazetted Government servant /five thousands rupees in respect of Gazetted Government servant, whichever is less, shall be withheld.(vi)If no intimation is received by the Head of Office within the period prescribed under clause (iv) regarding recovery of rent, it shall be presumed that nothing was recoverable from the deceased Government servant provided that an acknowledgement had been obtained of the intimation sent under clause (i) 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 Estate/Public Works Department under clause (iv) regarding rent outstanding against the deceased Government servant, the Head of Office, shall verify from the acquittance rolls if the outstanding amount of rent was recovered from the pay and allowances of the deceased Government servant. If as a result of verification it is found that the amount of rent shown as outstanding by the Directorate of Estate/P.W.D. had already been recovered, the Head of Office shall draw the attention of the Directorate of Estate/P.W.D. to the pay bills under which the necessary recovery of the rent was made and subject to the provisions of sub-rule (2) write to the Director Pension to authorise the release of the amount of the gratuity withheld under clause (v) to the person or persons to whom the death gratuity was paid.(viii)If the outstanding amount of rent was not recovered from the pay and allowances of the deceased Government servant, the Head of Office shall request the Director Pension that the outstanding amount may be adjusted against the amount of the gratuity with held under clause (v) and the balance, if any be authorised to be re-paid to the person to whom the amount of death gratuity was paid.
