SECTION IV Payment of Pensions CHAPTER I GENERAL
270. Subject as hereinafter provided, the rules in this section shall regulate the procedure with regard to the payment of pensions from the treasuries of this State, provided that,—
(2) Nothing contained in these rules shall be taken as affecting the provisions of the Indian Pensions Act (Act XXIII of 1871) or any of the Rules made thereunder and the provisions of the Kerala Service Rules or any other rules or departmental regulations issued by the Government prescribing the procedure for payment of any pension payable by or out of the general revenues of the Government;
(4) Nothing contained in this rule shall be taken as affecting the procedure and conditions prescribed in special orders issued by the Government from time to time for payment of pension by authorized Public Sector Banks on behalf of the Government, payable out of the Consolidated Fund of the State.
MANNER OF PAYMENT OF PENSIONS AND
IDENTIFICATION OF
PENSIONERS
A. Pension Payment Orders
(aa) Except in the case of military pensions which are payable on pension certificate or other authorities, issued by the Controller of Defence Accounts and pension, or unless the Government order otherwise in the case of any particular class of pensions, payment of pensions can be made only upon pension payment orders issued by an Accountant-General. Each Pension Payment order will be in two halves of which one, known as the disburser’s half will be kept in the treasury at which payment is to be made and the other delivered to the pensioner in person when he appears to receive payment of his pension for the first time.
NOTE 1.—*n cases where pension is drawn through authorised agents (who have indemnified Government against overpayments) personal appearance of the Pensioner is not necessary even on the first occasion.
NOTE 2.—Pension to State Government Pensioners and All India Service Pensioners who retired from a post under the State Government and pensions to those who were borne on the State Cadre and retired from posts under the State Government are also payable through authorized Public Sector Banks.
NOTE 3.—A Register in Form 83 (a) should be maintained in Treasuries for noting the details of pensions transferred to Public Sector Banks.
(i) attach to each half of the order a specimen signature of the pensioner if he can sign his name and thumb and finger impressions of the left hand of the pensioner, if he cannot sign his name or where this is not possible due to physical incapacity, the thumb and finger impressions of his right hand, failing which his toe impressions the specimen signature or thumb, finger or toe impressions being duly attested by the head of office concerned or by some other responsible person; and(ii) paste a certified copy of the pensioner’s photograph in passport size on the disburser’s half of the Pension Payment Order provided that this requirement (pasting of a photograph) will not apply to Indian women who do not appear in public, European women, persons who hold Government titles, persons who are in receipt of family pensions under the wound extraordinary pension rules or to any other person specially exempted by the Government from the operation of this rule.
NOTE 1.—A pensioner shall be required to pay for the photographs required for this purpose.
(c) A pensioner drawing pension direct from the treasury shall produce his half of the Pension Payment Order before the disbursing officer whenever he claims payment of his pension, and no payment shall be made if he fails to produce it.
Whenever there is an occasion for revision of pension, the Accountant General shall issue only an amendment letter to the Disbursing Officer for making necessary amendments on both halves of the Pension Payment Order under his attestation and effect payments thereof.
(e) The payment in rupees of pensions fixed in sterling or any other external currency shall be regulated by such general or special instructions as may be issued by the Government in this behalf. In issuing Pension Payment Orders for such pensions, the Accountant General shall either mention the exact amount to be paid in rupees or indicate the rate at which the amount stated in sterling or any other external currency shall be paid.
The Treasury Officer should keep a register in Form T.R. 80 of the Pension Payment Orders issued on his treasury. This register will serve as an index to the files of Pension Payment Orders referred to in Rule 272 (f) above. Whenever a new order is received, the Treasury Officer should see that it is correctly entered in this register with a red ink line ruled across the page below the entry, and should then write his initials against the entry in the column headed “Name of pensioner”. The column headed “Remarks” should be left blank so long as the Pension Payment order is in force. When both halves of the order are returned to the Accountant General on account of the pensioner’s death or are sent out of the office as a result of an application for transfer of payment out of the district, the order should be removed permanently from the register and the file; the Treasury Officer should have the date and reason for sending away both halves of the order entered at once in the column headed “Remarks” and initial the entry.
(b) On receipt of an intimation about the death of a pensioner, prompt action should be taken to record the fact in the register referred to in clause (a) above and on the disburser’s half of the Pension Payment Order.
In the case of pensioners whose pensions are paid by money order under the provisions of Rule 286 the necessary note should be made on both halves of the Pension Payment Order.
(c) Service pensions paid at a sub treasury.—The registers should be maintained at a sub treasury in the same manner as at a district treasury -See clause (a) above.
274. (a) As a rule, a pensioner shall take payment of his pension in person and the Disbursing Officer shall identify him with reference to the details available in the Pension Payment Order before making any payment. When claiming his pension for the first time, a pensioner shall also be required to produce his copy of the letter of the Accountant General forwarding his Pension Payment Order to the Treasury Officer.
Whenever a pensioner appears to take payment of his pension the Disbursing Officer shall check his personal marks with those recorded on the disburser’s half of the Pension Payment Order and compare his signature on the receipt with that pasted on the disburser’s half of the Pension Payment Order. If a pensioner cannot sign his name, the Disbursing Officer shall compare his thumb-great-toe impression on the receipt with the original thumb-great¬toe impression previously taken on the disburser’s half of the Pension Payment Order.
275. (a) Pensioners specially exempted from personal appearance by the Government (See Rule 126, Part III of the Kerala Service Rules, V Edition), women who are not accustomed to appear in public and pensioners who produce satisfactory evidence that they are unable to appear because of bodily illness or infirmity, need not appear at the treasury in person to claim payment of their pensions.
When a pensioner draws his pension through an agent who is authorised to do so by conferring on him a power of attorney, and who has executed a bond of indemnity under Rule 167 ibid (e.g. a scheduled bank) the certificate regarding re employment and acceptance of commercial employment, modified suitably can be signed by the agent and the pensioner himself should furnish once a year, a certificate concerning the period for which the pension has been drawn on the basis of the agent’s certificate.
The pension disbursing officer shall maintain a register of power of attorney in the form prescribed in the Government Securities Manual and all cases in which the power of attorney has been granted shall be recorded therein.
(b) A pensioner not resident in India may, with the permission of the (Reserve Bank of India, draw his pension in India through a duly authorised agent, possessing a legally valid power of attorney, who must produce a life certificate as referred to in Rule 129 of Part III of the Kerala Service Rules, V Edition on each occasion, unless the duly authorised agent has executed an indemnity bond to refund overpayments, in which case he has to produce the life certificate as aforesaid at least once a year.
When a pension is drawn from a treasury outside the state and the procedure duly authorised for that treasury differs from thaprescribed above, the procedure authorised for that treasury shall be followed.
Explanation.—The agent should have adequate financial stability capable of safeguarding the interests of Government. NOTE—In cases where the life certificate is furnished annually the Treasury Officer will require the Bank/Agent to furnish the life certificates of the pensioners whose pensions are drawn through them, in a separate statement either to be attached to the bills for pension for December drawn in January or to be furnished in January. He will note the date of the certificate in the disbursing officer’s half of the Pension Payment Order and file the certificate in a separate file in chronological order.
A leper pensioner shall ordinarily appear before the disbursing officer to claim his pension without preparing a bill. The disbursing officer shall then direct one of his clerks or assistants to fill up a pension bill form on behalf of the pensioner. Payment shall be made at once to the pensioner on this bill, and the disbursing officer shall mark the bill by means of a stamp as having been paid in his presence and record the fact of payment in both halves of the Pension Payment Order under his initials. Both halves of the Pension Payment Order shall be retained in the treasury in these cases.
280. (a) The disbursing officer shall take adequate precaution to prevent the payment of any fraudulent claims, on account of the pension of a pensioner who does not appear in person to take payment. When a pensioner draws his pension in accordance with the provisions of Rules 275, 276 or 279 the disbursing officer shall require proof of his continued existence; independent of that furnished by the life certificate in the monthly pension bill to be furnished at least once a year. For this purpose he shall require each such pensioner either to attend in person at the treasury for due identification at least once a year or to produce an annual life certificate from persons other than those who usually furnish life certificate for receiving monthly pension. The annual life certificate from any Gazetted Officer, Village Officer, Sub Registrar, Sub Inspector of Police and the Executive Officer of the Panchayat wherein the pensioner resides, with the respective office seal affixed to the certificate shall be accepted by the Treasury Officers as independent proof of the existence of the pensioner. The annual life certificate shall be issued by the officers concerned in the following form:—
Such annual certificate shall be produced in the month of December every year, failing which the payment of pension for * January, as also the pensions for subsequent months shall be held up until the certificate is received.
(b) The Treasury Officer shall see that the Sub Treasury Officers furnish certificates showing that they have obtained at least once a year the necessary independent proof of the continued existence, etc., of pensioners exempted from personal appearance whose pensions are paid at the sub treasuries.
(c) A pensioner of rank may be identified privately by the disbursing officer and need not be required to appear at a public office.
(b) Every payment of a pension shall be entered on the reverse of both halves of the Pension Payment Order and attested by the initial of the disbursing officer.
(c) When the pension of a government servant who was transferred to the service of the Reserve Bank of India is paid at a treasury, the disbursing officer shall take the pensioner’s receipt for each payment in the special receipt form prescribed for the purpose. The Reserve Bank will supply the copies of this form required by the treasury on receipt of a requisition from the Treasury Officer.
282. When a pension is debitable partly to a local fund and partly to state Revenues, the amount debitable to a local fund in any bill and the name of that local fund shall be separately enfaced on the bill in red ink, and the amount shall be debited in the first instance to a suspense head. The suspense head shall be cleared by monthly recoveries from the local funds concerned.
283. [Omitted]
(b) A person whose pension is terminable on marriage or remarriage or on attaining majority shall furnish a declaration in the form given in the bill for pension ‘Form T.R. 81 A’ for the month of December every year that the specified event has not taken place till the last date for which pension is claimed in the bill.
NOTE—In cases where a declaration under this sub rule is required be furnished in the bill for pension for December the certificate referred to in sub rule (a) above need not be furnished in the bill for that month.
Explanation.—If the pension is payable to a minor child through his/ her guardian, the certificate mentioned in sub rule (a) and/ or the declaration mentioned in sub rule (b) should be furnished by the guardian to whom the pension is to be disbursed. In such case the wording of the certificate/ declaration in Form T.R. 81 A may be modified suitably.
(d) A father/mother of a deceased government employee in receipt of family pension should attach in the following form an annual certificate form the Tahsildar or a Gazetted Officer of the locality to the bill for pension, presented after one year of drawal of pension.
Date…………………. Signature and designation”
(i) The disbursing officer shall identify the pensioner when he appears to receive payment for the first time in the manner prescribed in Rule 274 (a) and record the correct address of the pensioner with the name of the post office on the disburser’s half of the Pension Payment Order and instruct the pensioner to communicate any change in his address. The pensioner’s half of the Pension Payment Order will be made available to the pensioner for his scrutiny, if necessary and received back and kept under safe custody in the treasury.
NOTE 1.—In the case of pensioners who are already drawing their pensions otherwise and who wish to avail themselves of the facility of pension payment by money order may surrender the pensioners half of the pension payment order in person at the treasury and get an acknowledgment from the Treasury Officer.
NOTE 2.—Those pensioners who find it easier and convenient to get their pension direct may, however, be allowed to do so.
NOTE 3.— The first sentence in the opening paragraph shall be deemed to have come into force with effect from the 1st day of November, 1978.
(ii) The necessary entries shall then be made in the ‘Register of pensions payable by money order’ in Form T.R. 82 and both halves of the Pension Payment Order shall be filed in a separate file headed ‘Pension Payable by Money Order’.
(iii) The Treasury Officers should arrange for the money order forms being written up sufficiently early, and presented to the Post Office from **10th of the month onwards. When the number of money order forms to be booked in Post Offices is very large, the Treasury Officers should contact the Post Masters concerned and decide how many filled-up forms should be presented on each day. The presentation of the forms should be completed however, by the last working day of the month to which the pension relates. The forms for a day will be arranged to be delivered in a lot to the Post Office in a cover addressed to the Post Master. The forms from a treasury should be presented to the same Post Office on all occasions to facilitate future references, if any, required. Normally the forms should be presented at the Post Office nearest to the treasury where the routine transactions of the treasury are carried out. But in cases where the nearest Post Office may not be having enough number of hands to handle the money order forms in bulk, another convenient Post Office with the concurrence of the Postal Department may be fixed for the purpose. He should see that the words “Pension money order not to be paid before the 1st of ……..” (Here enter the name of the month of disbursement) are inscribed on the top of each money order form presented in advance by a rubber stamp.
(iv) †Whenever a pension is to be sent by money order at the cost of the State Government, the relevant service head may be debited with the amount of pension and transfer credited to the Money Order Personal Deposit Account in the name of Treasury Officer. The Money Order Commission due thereon shall be debited under the head of account 2071 and simultaneously transfer credited to Money Order Personal Deposit Account. In respect of Pension other than State Pension sent at the cost of the Government or authority to whom such pensions relate, the Money Order Commission as well as the amount payable to the pensioners shall be debited to the concerned Government (Central, Inter-State-Suspense, Tamil nadu etc.) and transfer credited to the Money Order Personal Deposit Account. In respect of pensions of other Governments paid at the cost of pensioners, the net amount due to the pensioner after debiting Money Order Commission as well as the amount of Commission shall be debited to the concerned Government and transfer credited to the Money Order Personal Deposit Account. The Money Order Forms in such cases shall be prepared only for the net amount due to the pensioners. The Money Order forms duly prepared along with a covering schedule and a Personal Deposit Cheque drawn by the Treasury Officer in favour of the concerned Post Master for the total amount due, inclusive of Commission as per the schedule may be tendered at the Post Office. ‡The Money Orders returned unpaid should be credited under Revenue Deposits except in the case of Central and other State Pensions. The unpaid Central Money Order Pensions should be credited back to Central Government as minus debit (R.O.P.) under the Major Head “2071-Pensions and other Retirement Benefits in the Central Section of Accounts of the Treasury after noting sufficient, details in the Pension Payment Order concerned. Similarly, the unpaid Money Order Pensions in respect of other State Government should be credited back to the Inter State Suspense Account of the State concerned.
(v) Separate pension bills need not be prepared for each pensioner. The payments shall be shown in a separate schedule in Form T.R. 83. The total amounts of the payments shown in the schedule shall be written both in figures and in words. The disbursing officer shall satisfy himself that all the amounts shown as paid in the schedule have actually been remitted by money order and certify accordingly on it. The disbursing officer shall write his pay order on the schedule; it shall then be stamped “Paid by transfer” and forwarded to the Accountant General or the Treasury Officer as the case may be, with the corresponding list of payments as a voucher supporting the debit in the treasury accounts.
(vi) The disbursing officer shall also see that the payees’ money order receipts are duly received for all the remittances shown in the register. He shall compare the signature (or thumb impression) on each such receipt every month with the pensioners’ signature (or thumb impression) on the Pension Payment Order and satisfy himself that it is genuine. The receipts shall then be filed in the treasury. In the next month’s schedule of pension payments the disbursing officer shall certify as follows:—
“I certify that I have satisfied myself that all pension payments shown in the schedule for the previous month have been paid to the proper persons and that I have obtained the payee’s money order receipts in support of all these payments and filed them in my office.”
(viii) The disbursing officer shall obtain from each woman whose pension would terminate on her marriage and whose pension is remitted by money order, an annual declaration in the form prescribed in Rule 284 (b) for the year ending on the 31st December.
(ix) The certificates mentioned in clauses (iii), (vi), (vii) and (viii) shall be given by the Treasury Officer for payments made at the District Treasury. So far as payments made at sub treasuries are concerned the Treasury Officer need only certify that he has received the necessary certificates from the respective Sub Treasury Officers.
(x) Where, owing to old age or infirmity or in consequence of some physical disability, it is not possible for a pensioner to present in person to the Treasury Officer, a declaration electing to have his pension paid by money order the Treasury Officer may accept, instead, a written declaration signed by the pensioner, which is duly verified by a Gazetted Officer, a Magistrate or a Justice of Peace. The Officer verifying declaration shall specify the circumstances in which he holds that it is not possible for the pensioner to present the declaration in person to the Treasury Officer.
A PAYMENT OF PENSION THROUGH
TREASURY SAVINGS BANK ACCOUNT
286B 1. The Pensions paid from the Consolidated fund of the State shall, at the option of the pensioner automatically be credited to the Treasury Savings Bank Accounts of the pensioners opened exclusively for crediting pension except for the first time, following the procedure detailed below. The payment of pension for the first time should be made to the pensioner after proper identification in the manner prescribed in rule 274(a).
2. The Pensioner may open Treasury Savings Bank Account exclusively for crediting pension and submit a written request to the pension Disbursing Officer for payment of pension through Treasury Savings Bank, with the pensioners half of the pension payment order and a letter of undertaking in Form T.R.83B. On receipt of the written request of the pensioner the pension disbursing officer, shall make necessary entries in the registers of pension payable through Treasury Saving Bank Account (Form T.R. 82A) furnishing of the details of Pension Payment Orders, Number, Name of the pensioner, amount of Pension and the number of Treasury Savings Bank Account in which the amount shall be credited. In order to distinguish the Pensioner’s Treasury Savings Bank Accounts from other Treasury Savings Bank accounts separate ledger for Pensioners with separate serial number for such Savings Bank Accounts should be maintained. Treasury Savings Bank accounts of pensioners may be distinguished as Pensioner’s Treasury Savings Bank (Pensioners Treasury Savings Bank).Both halves of the Pension Payment Order shall be filed in a separate file super scribed Pension “Payable through Pensioners Treasury Savings Bank” and the Treasury Savings Bank account should be noted at the top of the front cover of the Pension Payment order, and in the front page of the disburser’s half on the top portion.3. After 20th of every month a schedule in triplicate in the prescribed form T.R. 83A should be prepared category wise. The amount will be totalled and a transfer pay-in-slip attached for the total amount. Necessary entries regarding the date of Payment (Ist of the next month) should be made in both halves of the Pension Payment order.4. After the preparation of the pension schedule as above, the pension disbursing officer shall sign the pay order in the original of the schedule for the total amount of each category of pension for transfer credit to each pensioners Treasury Savings Bank account noted in the Schedule and also sign the pay-in-slips attached for the total amount by transfer adjustment.5. The original, duplicate and triplicate copies of the schedule duly signed by the Pension Disbursing Officer will be handed over to the concerned Savings Bank Section. The Savings Bank Accountant will enter amount of each pensioner in his/her respective Pensioners Treasury Savings Bank account on the basis of the signed schedule. Necessary certificates to the effect that all the amount of pension furnished in the schedule has been credited in the respective Pensioners Treasury Savings Bank account of the pensioners should be signed by the savings Bank Passing Officer on the first working day of every month in the triplicate copy and the same returned to the pension section for record purpose. The Original (Voucher) shall be handed over to the section concerned for incorporation to the Treasury Accounts and the duplicate copy along with the transfer pay-in-slip should be kept by the Savings Bank Accountant.6. The Disbursing Officer shall satisfy himself once in a year about the continued existence of the pensioner either by personal appearance of the pensioner before the Disbursing Officer or through life certificates. The Disbursing Officer shall also note the fact of personal mustering or the receipt of life certificates as the case may be in both halves of the Pension Payment Order under his dated signature.CHAPTER IV
PERIODICAL APPEARANCE OF PENSIONERS
FOR IDENTIFICATION287. (a) On the first appearance of a pensioner the disbursing officer shall take an impression of the pensioner’s left hand thumb and fingers or where this is not possible due to physical incapacity, right hand thumb and fingers or the impressions of the toe, on the pension bill.He shall then identify the pensioner with reference to the particulars given in the disburser’s half of the pension payment order and by comparison of the thumb and finger impressions with those pasted on the Pension Payment Order.
Once in the course of every year thereafter, the continued existence of the pensioner shall be ensured by obtaining the above impressions in the pension bill and an annual life certificate as contemplated under sub rule (a) of Rule 280.
(b) A woman who is exempt from personal appearance under Rule 275
(a) because she is not accustomed to appear in public should affix an impression of her left thumb/right thumb/great toe on each bill in the presence of the person who signs the life certificate and the latter should attest it. An illiterate pensioner should similarly affix an impression of his left thumb/right thumb/great toe on each bill in the presence of the person who signs the life certificate, or whom he attends at the paying office in person to receive payment, before the disbursing officer, and the person who signs the life certificate or the disbursing officer, as the case may be, should attest it. In the case of an illiterate pensioner or a woman who is not accustomed to appear in public, quittance by a seal mark attested by some known and respectable person may be accepted in lieu of thumb/great toe impressions.
(c) When a Pension Payment Order is renewed, the original signature of thumb and finger/toe impressions shall be cut off from the old order and attached to the new order.
(d) If the disbursing officer entertains any doubt as to the identity of any person claiming to be a pensioner who has served in the Police Department, he may require the local Inspector of Police to identify him, and the latter shall then be responsible for the correct identification of the pensioner.
288. (a) In order to ensure that annual mustering/periodical verification of the pensioners has been done, the disbursing officer shall note the date of mustering or the date of the life certificate produced at the space provided for it in both halves of the Pension Payment Order. Similarly he shall write the letter “L.C.” with his initials against each monthly pension payment whenever disbursement is made on the strength of life certificate. He shall also send through the messenger who receives payment of the pension in November a call in Form T.R. 84 or T.R. 85 for the purpose.
In the case of re-employed pensioners it will be sufficient if a certificate from the head of the office or department in which they are re-employed to the effect that the pensioner is re-employed in his office or department is produced before the pension disbursing officers.
(b) When a pensioner draws his pension through an agent who has executed a bond to refund overpayments, the pension shall not be paid on account of a period of more than a year after the date of the life certificate last received. The Accountant General and the disbursing officer shall watch carefully for authentic information of the death of any such pensioner and see that no further payment is made after such information is received.
Explanation 1—Treasury in India means any treasury maintained by the Kerala Government, the Government of India or any other State Government.
CHAPTER V
TRANSFER OF PENSIONS
290. (a) Transfer of service pensions:—
(b) Transfer of political pensions:—The Government or the Accountant General may permit the transfer of the payment of a political pension from one treasury in India to another, provided that the Accountant General should, before ordering any transfer of a political pension, obtain the concurrence of the authority empowered to permit a change of residence by the political pensioner.
291. (a) A copy of any order issued by the Government or any subordinate authority under the preceding rule shall be forwarded to the Accountant General.
(b) The following procedure shall be observed in regard to the transfer of payment of a pension from one district to another in the State:—
CHAPTER VI
RENEWAL OF PENSION PAYMENT ORDERS
293. (a) The District Treasury Officer is authorised to renew Pension Payment Order without reference to the Accountant General when the entries on the reverse of either the pensioner’s or the disburser’s half are completely filled up or the pensioner’s half is lost, worn or torn. When the renewal is due to the loss of the original Pension Payment Order, the circumstances of its loss should be investigated and a fee of *` 5 should be levied on the pensioner before the duplicate Pension Payment Order is issued, provided that, if the loss of the original Pension Payment Order is due to accident or causes beyond the pensioner’s control, or if the pensioner is too poor to pay the fee the Director of Treasuries may exempt him from payment of the fee. (See also Note under Rule 134, Part III of the Kerala Service Rules, V Edition.)
NOTE 1—The receipted chalan for the fee realized for renewal of Pension Payment Order should be filed along with the disburser’s half.
NOTE 2—In the case of pensions paid at sub treasuries the Pension Payment Orders shall be returned to the District Treasury for renewal.
Instruction 2—If the disburser’s half of the Pension Payment Order which should be kept under the safe custody of the Treasury Officer is missing, the District Treasury Officer/Sub Treasury Officer should institute a thorough search to trace out the Pension Payment Order. If after such thorough search, the Treasury Officer is satisfied that the disburser’s half of the Pension Payment Order is irrecoverably lost, the matter should be reported to the Accountant General, through the District Treasury Officer in case of Sub Treasury. The District Treasury Officer should send the report to the Accountant General detailing the circumstances in which the disburser’s half was lost and request the Accountant General to issue a duplicate. The Accountant General will then arrange for the issue of a duplicate prominently marked “Duplicate” in red ink. Simultaneously, with the sending of the report to the Accountant General, the District Treasury Officer should fix up the responsibility for the loss and also stop payment of the pension on the Pension Payment Order till the disburser’s half is received in the treasury. The penalty of †`5 should be recovered from the person responsible for the loss. Instances of such losses should be reported to the Director of Treasuries also.
(b) When a Treasury Officer has issued a new Pension Payment Order in place of a lost one, he shall, by strict observance of Rule 281 (b), see that no payment is made on the Pension Payment Order alleged to have been lost.
CHAPTER VII
LAPSE OF PENSIONS
A. Service Pensions
- (a) If apension payable in India remains undrawn for more than one year, the pension shall cease to be payable (Rule 135, Part III of the Kerala Service Rules, V Edition).
(b) If the pensioner afterwards appears, the disbursing officer may renew his payments. He shall not, however, pay the arrears without the orders of the Accountant General and, if the pension in arrears is to be paid or the first time or if the amount of the arrears exceeds ` 5,000, without obtaining through the Accountant General the previous sanction of the Government (Rule 136, Part III of the Kerala Service Rules, V Edition). If, however the Accountant General considers that the suspension of payment was due to error or neglect on the part of any public officer, he may direct that the arrears be paid without the orders of the Government. (Rule 137, Part III of the Kerala Service Rules, V Edition).
(c) The Treasury or Sub Treasury Officer shall examine the files of Pension Payment Orders carefully every month and remove all the Pension Payment Orders relating to cases of the kinds mentioned in clauses (a) and (b) above. He shall return the disburser’s halves the Pension Payment Orders concerned to the Accountant General with a half yearly statement of such cases. The statement shall be prepared in two parts; the first part should show the names of all service pensioners entitled to pensions adjustable under the head “2071. Pension and Other Retirement Benefits” who have not drawn their pensions for three years and the second part should show the names of service pensioners other than those included in the former part who have not drawn their pensions for more than one year. The reason for the non¬drawal, if known, shall be stated against each name.
B. Political Pensions
(b) A similar procedure to that prescribed in clause (c) of Rule 295 should be followed mutatis mutandis in regard to pensions chargeable to the heads mentioned in clause (a) above but the half yearly statement relating to them should show the names of only those pensioners who have not drawn their pensions for six years.
CHAPTER VIII
DECEASED PENSIONERS
- (a)In cases where pension could not be drawn as specified in Sub rule (a) of rule 272 above, and the pensioner dies leaving arrears, the disbursing officer may pay any arrears including commuted value of pension if any, actually due to the nominee or nominees, if the pensioner has filed a nomination as per the Payment of Arrears of Pension (Nomination) Rules, 1984 and if he has not filed any such nomination, the arrears including commuted value of pension, if any, due shall be paid to the pensioner’s heir or heirs provided that they apply within one year of the date of death.
[See rule 295 (b) above and rule 138 (a) of Part III of the Kerala Service Rules, V Edition:)]
If the application is made later, the arrears shall not be paid without obtaining through the Accountant General the previous sanction of the authority which sanctioned the pension [See Rule 138(a) of Part III of the Kerala Service Rules, V Edition].If, however, the arrear of pension do not exceed #` 75,000 and the case presents no peculiar features, the Accountant General may direct that the arrears be paid on his own authority [See Rule 138 (b) of Part III of the Kerala Service Rules, V Edition]. • Provided that in cases where the pensioners nominee/nominees or heir/heirs apply for payment of any arrears of pension consequent on any Government Orders for revision of pension or dearness allowance on pension such arrears can subject to the rules relating to such arrear payments be paid in case the applications were preferred before the disbursing officer within a period of three years from the date of issue of such orders. Reference to the Accountant General or the Pension sanctioning authority shall not be required in such cases.
(aa) Notwithstanding anything contained in Sub-Rule (a), where the person eligible to receive family pension dies before receiving the same or family pension for any period remains undrawn at the time of that person’s death, arrears if any, due to such person shall be paid to the next person/ persons eligible to receive family pension and on the death of that person/ persons before receiving the arrears, the arrears shall be paid to the next person/ persons eligible to receive family pension and so on, eligibility to receive the arrears shall be determined with reference to the position existing as on the date on which family pension has originally sanctioned:
Provided that such arrears shall be payable to judicially separated husband/ wife:
Provided further that if there is no person living and entitled to receive the arrears as aforesaid, the arrears due to the original family pensioner shall be paid to his/ her legal heirs, those due to the next family pensioner shall be paid to his/ her legal heirs and so on and if there be no legal heirs for any particular deceased family pensioner, the arrear due in respect of such family pensioner shall be paid to the legal heirs of the other family pensioner in equal shares.
(b) After paying arrears of pension due on account of a deceased pensioner, the disbursing officer shall return both halves of the Pension Payment Order to the Accountant General with a note of the date of the pensioner’s death, except in the case of pensioner’s governed by the Liberalized Family Pension Scheme, in which case the pensioner’s portion of the Pension Payment Order will be returned to the person nominated to receive the family pension and the disburser’s portion retained by the Treasury Officer.
NOTE—(i)
The fact of the death of the pensioner who is governed by the Liberalised Family Pension Scheme and the fact of Payment of Family Pension should be reported to the Accountant General quoting the relevant Pension Payment Order Number as soon as the information is brought to the notice of the treasury.
(i) Arrears of pension due to a deceased pensioner who has filed nomination under the payment of Arrears of Pension (Nomination) Rules, 1984 shall be paid to the nominee/ nominees irrespective of the amount of arrears on proper identification provided the persons concerned produces necessary death certificate and pensioners half of the Pension Payment Order unless such half is kept by the treasury. The limitation prescribed in sub-rule (b) of Rule 295 shall also apply for payment in such cases.(ii) A person who claims payment of arrears of pension as heir of a deceased pensioner shall be required to produce the pensioner’s half of the Pension Payment Order or if no Pension Payment Order has been issued the copy of the order in which sanction to the pension was communicated to the pensioner or his heir. He shall also be required to produce a death certificate regarding the death of the pensioner and sufficient evidence to establish his relationship to the deceased.
forth in sub rule (c) above. The excess over # ` 75,000 should be paid only under the orders of the Government on the execution of an indemnity bond in K.S.R. Form No.8 with sureties of proved financial ability to meet the obligations undertaken, provided that the Government are satisfied as to the claimant’s right and title and consider that undue delay and hardship would be caused by insisting on the production of letters of administration (See **Rule 139 of Part III of the Kerala Service Rules, V Edition).
NOTE— Any person claiming to be a legal heir of a deceased pensioner shall produce or cause to be produced the pensioner’s half of the Pension Payment Order or if no Pension Payment Order has been issued the copy of the order in which sanction to the pension was communicated to the pensioner or his heir at the treasury along with the heirship certificate or letters of administration or other legal authority to prove his title to the arrears. If there are more than one legal heir, the heirship certificate or letters of administration or other legal authority (whichever is produced) shall clearly show the extent of the title of each person (i.e. the share to which each person is entitled) clearly. It shall also contain the personal marks of identification and specimen signatures of the heirs attested by the authority who issued the heirship certificate or other legal authority (in the case of heirs who are literate) or the thumb and finger impressions attested by that authority (in the case of illiterate heirs) with reference to which the Treasury Officer can identify the legal heirs. If such details necessary for identification of the heirs are not furnished in the heirship certificate or other documents produced to prove the title, the person who claims the arrears of pension as heir of the deceased pensioner shall be introduced to the Treasury by a Gazetted Officer or by some other well-known and trustworthy person i.e. he shall produce a specimen of his signature (if literate) or thumb and impression (if illiterate) which is certified by a Gazetted Officer or some other well known and trustworthy person to be the signature or thumb and finger impressions of the person specified in the heirship certificate or other documents.
If the entire amount of arrears is due to one legal heir a claim in the proper form shall be obtained from him and the amount disbursed to him. If the amount of arrears is to be disbursed in parts to two or more persons the full amount of arrears of pension shall be drawn on a simple receipt by the Treasury Officer (bill form No. T.R. 42) and the shares due to the persons present on the day may be disbursed obtaining proper acknowledgments which shall be attached to the vouchers and sent to the Accountant General and the balance shall be kept under Revenue Deposit so that it can be withdrawn and paid as a refund of Revenue Deposit as and when the other heirs claim their shares. A certificate to the effect that the undisbursed balance has been kept under “Revenue Deposit” shall also be furnished by the Treasury Officer in the voucher sent to the Accountant General.
301. (a) Every disbursing officer who pays any civil pension shall report promptly to the Accountant General the death of any civil pensioner whose pension he was paying (See also Article 369 of Kerala Financial Code.
CHAPTER IX
GRATUITIES
(b) (i) When at the option of the gratuitant, the gratuity is drawn by the head of an office for disbursement, he shall furnish to the Accountant General within a month of the date of drawal, a certificate of disbursement.
(ii) At the option of the gratuitant, the gratuity may be drawn by the head of an office and the full amount or a part thereof, may be adjusted against the dues payable by the gratuitant. In such cases, the details of adjustment shall be certified by the disbursing officer within one month from the date ofdrawal, to the Accountant General with receipts and vouchers wherever possible. If only a part of the amount is adjusted and the balance paid in case to the gratuitant, the certificate of disbursement shall be forwarded, as mentioned in sub-rule (i) above, over and above the certificate of adjustment.
304. The Government will, while sanctioning a gratuity, communicate such order to the officer submitting the gratuity application who should promptly communicate the sanction to the gratuitant by furnishing him with a copy of the said order and direct him to apply in person to the treasury at which the payment of the gratuity is desired. The Accountant General will separately issue, to the treasury concerned, a letter of authority to pay in which particulars required for identifying the gratuitant will be furnished. On the identification being established and on the gratuitant producing his personal copy of the letter of the Accountant General to the Treasury Officer authorising payment of the gratuity payment shall be made to him or if the gratuitant is dead at the time of payment, upon the receipt of the person legally entitled to receive the gratuity:
Provided that the payment of gratuity may be made, without the personal appearance of the gratuitant through an authorised agent, including a bank, who shall be required to give the Government, separately in respect of each payment, a Bond of Indemnity, which shall be duly stamped, in the following form:—
The payment can be claimed on the letter of authority issued by the Accountant General and no separate bill is necessary in such cases.
CHAPTER X
COMMUTATION OF PENSIONS
(ii) When a portion only of a civil pension is commuted, the amount of the unreduced pension due upto the day preceding that on which the commutation takes effect, shall be paid along with the commuted value of the portion commuted.
The above rule applies to the amount payable in commutation of a civil pension under the Madras Civil Pensions (Commutation) Rules also.
(c) Political Pensions.—The provisions of rule (a) should be followed, mutatis mutandis, in regard to political pension also.
305A(i) Medical Allowance to Pensioners.—All State Service Pensioners who have completed the age of 65 years shall be paid a medical allowance at the rate as is ordered by the Government from time to time. The allowance shall be paid from the first of the month in which the Pensioner completes the age of 65 years by the District Treasury Officer/Sub Treasury Officer based on the details regarding date of birth furnished in the Pension Payments Order and necessary entries thereof made in both halves of Pension Payment Orders.
(ii) The Medical Allowance shall be drawn alongwith regular pension bill for each month. In the bill form and other records of the treasury Medical Allowance shall be indicated separately. If in any case the date of birth of the pensioner is not available in the Pension Payment Order, the Treasury Officer shall gather the details from the Accountant General. If the Accountant General’s records are not helpful to intimate the date of birth of the pensioner, an affidavit filed by the Pensioner duly attested by a Magistrate or certified by two gazetted officers shall be accepted by the Treasury as proof of age.*This amendment shall come into force with effect from 1st July, 1988
SECTION V
Special Instructions to the Treasury Officers
AUTHORITY OF THE TREASURY OFFICER TO MAKE PAYEMNT
(ii) Withdrawals from the fund, when permissible under the rules of the fund, to meet payments towards policies of Life Insurance may be made in the same form as and when required, in a similar manner and under similar conditions. The particulars of the policy or policies on which premia are to be paid shall be noted on the bill. The bill in which the first withdrawal for payment of a premium is made shall contain the certificate that the details of the policy have been communicated to and accepted by the Accountant General.(iii) Save as provided above, no payment on account of any Provident Fund, whether as a refund of subscription or as a repayment of the whole or part of the amount accumulated at credit of a subscriber can be made without the express authority of the Accountant General.
(iv) *When the final payment of the balance at the credit of a subscriber (other than Class IV government servant) to a Provident Fund is to be made outside the jurisdiction of the Accountant General who maintains Provident Fund Account of the subscriber that Accountant General shall make payment to the payee by a crossed bank draft. For this purpose the Accountant General will intimate the amount payable to the payee, and also send a form of receipt to be filled in by him which is given below. On return of the form of receipt duly signed by the payee, a bank draft shall be purchased by the Accountant General and sent to the payee by registered post.Received payment of `………… (Rupees……………….. only) being the accumulation in my …………………… Provident Fund AccountNo..……….Station: SignatureDate: AddressPlease pay by bank draft.SignatureAddress
PAYMENTS UNDER SPECIAL AUTHORISATIONS
REFERRED TO IN RULE 23 OF PART I
** According to G.O. (P) 141/81/Fin., dated 25th February, 1981 the word “Collector” is changed to “Director of Treasuries”..