Section 66 in The M.P. Civil Services (Pension) Rules, 1976
66. Furnishing of surety by retiring Government servant.
(1)(a)If any of the Government dues (other than those referred to in Rule 65 remain unrealised and unassessed for any reasons, the retiring Government servant may be asked to furnish in Form 8 a surety of a suitable permanent Government servant, holding a pensionable post.(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 six 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 excluding claim of house rent and water charges is outstanding against him.(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 a 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 through legal procedure :Provided that in respect of house rent and water charges, the amount, if any, the claim for which is received after the period of 12 months from the date of retirement of the Government servant shall not be recoverable from the retired Government servant.Note. - Where Public Works Department and Public Health Engineering Department have not found it possible within 1 ½ months from the date of demand by Head of Office which shall be made immediately after the date of the retirement of the Government servant, whether any amounts are due from a retired Government servant, or have not issued no dues certificate, the Head of Office in addition to the action under this rule should call upon the retired Government servant concerned to furnish a declaration in Form 25. He should be further required to sign an undertaking in Form 26. On receipt of the aforesaid declaration and undertaking, Head of Office may write to the Audit Officer to release the pension/gratuity. If the demands for any amount due against such retired Government servant are not made within 12 months of his retirement the officers concerned in Public Works Department and Public Health Engineering Department as the case may be, would be held personally responsible for any loss incurred by the Government.
