71. Furnishing of surety by retiring Government servant.
(1)(a)If any of the Government dues other than those referred to in rule 70 remain unrealised and unassessed for any reason, die retiring Government servant may be asked to furnish in Form 9 a surety of suitable permanent Government servant.(b)if the surety furnished by him is found acceptable, the grant of his pension and gratuity shall not be delayed.(2)(a)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 gratuity payable to him as may be considered sufficient may be held over till the outstanding dues are assessed and adjusted.(b)The cash deposit to be taken or the amount of gratuity to be withheld shall not exceed the estimated amount of the outstanding dues plus twenty-five per cent thereof.(c)where it is not possible to estimate the approximate amount recoverable from the retiring Government servant the amount of deposit to be taken or the portion of gratuity to be withheld shall be limited to ten per cent of the amount of gratuity or one thousand rupees, whichever is less.(3)(a)Efforts shall be made to assess and adjust the recoverable Government dues within a period not exceeding twelve months from the date of retirement of the Government servant and if no claim is made on Government account against the Government servant within such a period it shall be presumed that no Government claim is outstanding against him. -Note. - (1) In respect of dues pertaining to the occupation of Government accommodation by the Government servant, the period of twelve months shall reckon from the date of retirement, or from the date of complete vacation of the Govt, accommodation whichever is later.[Note. - (2) As regards the dues to Local Body by the retiring Municipal Commissioners such as Personal Advances, quarters rent, electricity charges, telephone charges, etc. the Director of Municipal Administration will call for particulars one year before their retirement and also, immediately after retirement and take action for recovery of the dues. In the case of non-remittance of the dues within a period of twelve months from the date of retirement, the Director of Municipal Administration will order recovery from the Death-cum-Retirement Gratuity.] [G.O.Ms. No.2, Finance Department, dated 31st March 1986.](b)The Government dues as assessed shall be adjusted against the cash deposit or the amount withheld from the gratuity and the balance, if any, shall- be released to the retired Government servant after the expiry of the period referred to in clause (a).(c)Where the pensioner has furnished a surety, the surety shall be released after the expiry of the period referred to in clause (a) provided the dues assessed up to that time have been recovered.(4)The Government dues which remain unrealised within the period referred to in clause (a) of sub-rule (3) and such other dues, the claim for which is received after that period shall be recoverable from the retired Government servant.Chapter - VIII Sanction of Family Pension and Death-Cum-Retirement Gratuity in Respect of Government Servant Dying While in Service.
