NO.

20/16/1998-P&PW (F)
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Pension and Pensioners Welfare
*******
3rd Floor, Lok Nayak Shawan,
Khan Market, New Delhi-11 0 003
Dated the ")1(.July, 2013.
OFFICE MEMORANDUM

Subject: Withholding of 10% gratuity from the retiring Government servants -

clarification regarding.

The undersigned is directed to refer to this Department's OM of even number dated the 19th
February 2013 on the above cited subject and to say that this Department is still receiving
representations from individuals and Pensioners Associations that Government Departments have
been withholding 10% of the amount of gratuity from retirees even when they had not been
provided any Government accommodation. This is in contravention of existing instructions.

2 The recovery and adjustment of Govt. dues from retirement gratuity is regulated under Rules
71 to 73 of the CCS (Pension) Rules, 1972. Rule (1) to (3) of Rule 72 ibid provide for recovery of
actual amount of Govt. dues in respect of Govt. accommodation from pay & allowances before
retirement and from Retirement Gratuity. Sub rule (5) of Rule 72 ibid stipulates that if, in any
particular case, it is not possible for the Directorate of Estates to determine the outstanding licence
fee, that Directorate shall inform the Head of Office that ten per cent of gratuity may be withheld
pending receipt of further information. Further, if no Government accommodation is allotted to a
Government servant, in accordance with Dte of Estate's OM NO.18011/5/1990-Pol-1I1 dated
12.10.2010, it is for the Administrative Ministry to issue an 'NDC".

3. As regards recovery in respect of 'Govt. dues' other than those pertaining to Govt.
accommodation, the Head of Office is required to complete assessment of such dues eight months
prior to the date of retirement [Rule 73(2)]. The actual amount of such dues and the dues which
come to notice subsequently and remain outstanding are to be adjusted against the amount of
retirement gratuity becoming payable to the Govt. servant on retirement.

4. It is, therefore, clear that there is no provision for withholding any part of gratuity at the
time of retirement for the purpose of recovery of outstanding government dues other than those
pertaining to government accommodation and the onus of timely collection of license fee is on the
Directorate of Estates. If the Directorate of Estate does not specifically inform the Administrative
Department of the outstanding dues and requests for withholding of 10% gratuity for the
outstanding license fee, Gratuity cannot be withheld on this account. The only other circumstance
under which gratuity can be withheld is in case of ongoing disciplinary proceedings against the
Government servant. Thus the Pay and Accounts Officer shall not withhold any gratuity unless
the Head of Office

(a) encloses instructions received from Directorate of Estate for withholding of 10%
gratuity for outstanding license fee or
(b) Informs of ongoing disciplinary proceedings.

These instructions are for strict compliance of all Administrative Ministriesl Departments.

5. A revised FORM 8 - form of letter to the Accounts Officer forwarding the pension papers
of Government servant is also enclosed. Formal amendment in the CCS(Pension) Rules for revised
Form 8 will be notified later. t1R~;:
(Tripti P.Ghosh)
Director (PP)
TEL: 24624802
To,
1 All Ministries/Departments of the Government of India as per standard distribution list.

2. Copy to President's Secretariat, Vice President's Secretariat, Prime Minister's Office,

Cabinet Secretariat, Supreme Court of India, C&AG, UPSC, etc. as per standard endorsement list.
 FORMS

[Form of letter to the Accounts Officer forwarding the pension papers of a Government servant]

No .
Government ofIndia
Ministry of. '"
Department! Office .
Dated the .
To

The Pay and Accounts Officerl

Accountant General,

Sub:- Pension papers of Shri/Smt/Kumari

For authorization of pension.

Sir,

I am directed to forward herewith the pension papers of

Shri/Smt.!Kumari. '" . . .. of this Ministry/Department! Office for further
necessary action.

2. The details of Government dues which will remain outstanding on the date of retirement of the
Government servant and which need to be recovered out of the amount of retirement gratuity are indicated
below.

(a) Balance of the house building or conveyance advance .. . . Rs.

(b) Overpayment of pay and allowances including leave salary Rs.
(c) Income Tax deductible at source under the Income Tax Act, 1961 (43 of 1961) Rs.
(d) Arrears of licence fee for occupation of Government accommodation ... Rs.
(e) The amount oflicence fee for the retention of Government accommodation
for the permissible period of two months beyond the date of retirement Rs.
(t) Any other assessed dues and the nature thereof... ... Rs.

3. Your attention is invited to the list of enclosures which is forwarded herewith.

4. The receipt of this letter may be acknowledged and this Ministry/DepartmentlOffice informed that
necessary instructions for the disbursement of pension have been issued to disbursing authority concerned .

... 2/ ..
 : 2 :

5. The retirement gratuity will be drawn and disbursed by this Ministry/ Department! Office on receipt of
authority from you. The outstanding Government dues as mentioned in para 2 above will also be recovered out
of the retirement gratuity before making payment.

Yours faithfully,

Head a/Office.

List o(enclosures

1. Form 5* and Form 7 duly completed.

2. Medical certificate of incapacity (if the claim is for invalid pension).

3. Statement of the savings effected and the reasons why employment could not be found elsewhere (if
claim is for compensation pension or gratuity).

4. Service Book (date of retirement to be indicated in the service book).

5. (a) Two specimen signatures, duly attested by a Gazette Government servant or in the case of
pensioner not literate enough to sign his name, two slips bearing the left hand thumb and finger
impressions, duly attested by a Gazetted Government servant.

**(b) Three copies of passport size photograph with wife or husband (either jointly or separately) duly
attested by the Head of Office.

(c) Two slips showing the particulars of height and identification marks, duly attested by a Gazetted
Government servant.

6. A statement indicating the reasons for delay in case the pension papers are not forwarded before sox
months of the retirement of Government servant.

7. Written statement, if any, of the Government servant as required under Rule 59(1)(a).

8. Brief statement leading to re-instatement of Government servant in case the Government servant has
been re-instated after having been suspended, compulsorily retired, removed or dismissed from service.

INOTE- When initials or name of the Government servant are or is incorrectly given in the various records consulted, this fact
should be mentioned in the letter. I

IFOOTNOTE- * If a Government servant is compulsorily retired from service and delay is anticipated in obtaining Form 5
from the Government servant, the Head of Office may forward the pension papers to the Accounts officer without Form 5. The
Form may be sent as soon as it is obtained from the Government servant. I

1* *Only two copies of passport size photograph need to be furnished if the Government servant is governed by Rule 54 of the
Central Civil Services (Pension) Rules, 1972 and is unmarried or a widower or a widow. I