Financial Regulations
Financial Regulations
Financial Regulations
SECTION I
CHAPTER-I INTRODUCTORY
INTRODUCTORY
1.
These regulations are essentially executive orders of the Central
Government and mainly describe the financial powers and responsibilities of
different authorities under them, on who devolves the responsibility for the
administration of the Defence Forces of the Union. They lay down the procedure
for the delegation and manner of exercise .of 'the powers by different authorities,
framing of Defence Services Estimates, control and spending of the funds placedat their disposal with due regard to economy and efficiency, and the manner of
entering into contracts etc., for the procurement of supplies and services required
for the Defence Services. Departmental authorities should follow these rules,
supplemented by the special rules and instructions, if any, contained in their
departmental regulations and other special orders applicable to them.
DEFINITIONS
2.
The terms included in this rule are used in these regulations in the sense
here explained.
Appropriation
Means the assignment to meet specified expenditure of funds at the disposal
of the assigning authority
Audit Officer
Means the internal audit officer, whatever his official designation, in whose
internal audit control a public servant is serving or, for purposes of
verification of service, has served, or transactions, of public money and
stores have taken place.
Brigade or Sub-area Commander
Includes the area commander in the case of units and stations directly under
area headquarters
Charged Expenditure
Means expenditure charged on the Consolidated Fund of India which does
not require submission for vote by Parliament and comprises items like
interest on specified items arid repayment of bans raised by the Government
and payments made in satisfaction of a Judgement, decree of Court or
awards by Arbitral Tribunal.
Compensatory Allowance
Means an allowance granted to mat personal expenditure necessitated by the
special circumstances in which duty is performed. It includes traveling
allowance, but does not include a sumptuary allowance or the grant of a
free passage by sea or air to or from any place outside India.
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Competent Authority
Means the Government or any other authority to which relevant " powers
may be delegated by the Government.
Competent Financial Authority
Is the authority within whose financial powers the amount at issue falls.
Consolidated Fund
Means the Consolidated Fund of India comprising of all revenues received
by the Central Government, loans raised by that Government by issue of
Treasury Bills, Loans or ways and means advances and also receipts by way
of re-payment of loans granted by the Government and from which the
expenditure of that Government when so authorised by Parliament is met.
Controlling Officer
Means an officer who is entrusted with the responsibility of controlling the
progress of expenditure under any appropriation.
Controller of Defence Accounts
Includes the Controller's of Defence Accounts of Central, Western, Nothern
and Southern Commands, the Controller of Defence Accounts, Patna, the
Controllers of Defence Accounts (Other Ranks), the Controller of Defence
Accounts (Officers), the Chief Controller of Defence Accounts (Pensions),
the Chief Controller of Finance & Accounts (Factories); All Controllers of
Finance & Accounts (Factories), the Controller of Defence Accounts (Air
Force) and) the Controller, of Defence Accounts (Navy), CDA (Training),
CDA (CSD), CDA (PD), CDA (HOs), CDA (R & D), CDA (Army), CDA
(Border Roads), CDA (Madras), CDA (Secunderabad), CDA (Jabalpur).
Disbursing Officer
Means a head of office or any other Gazetted Officer designated by a
Department of the Central Government, a Head of Department or an
Administrator, to draw bills and make payments on behalf of the Central
Government.
Emoluments
Means the pay and allowances, and all other .items of personal remuneration
drawn by an individual but do not include compensatory allowance, e.g.
house rent allowance.
Fee
Means a recurring or non-recurring payment to a Government servant from
a source other than the Consolidated Fund of India, whether made directly
to the Government servant or indirectly through the intermediary of
Government, but does not include:
(a) unearned income such as income from property, dividends and interest
on securities; and
(b) income from literary, cultural or artistic efforts if such efforts are not
aided by the knowledge acquired by the Government servant in the course
of his service.
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Financial year
Means the year beginning on the Ist of April and ending on the 31st of
March following.
Fresh expenditure
Means any expenditure which the budget cannot be held to cover. It does
not apply to expenditure contemplated by regulations but requiring sanction
of higher authority, or on account of services performed which has to be met
periodically, or to arrears of pay and allowances, or to recurring payments
which are recognised by regulations, or have been specially sanctioned by
Government, and which must be paid as they become due, irrespective of
budget provision.
Honorarium
Means a recurring or non-recurring payment made to a Government servant
from the revenue of the Government under whom he is employed, as
remuneration for special work of an occasional (or intermittent) character. It
also means payments made by one Govt. to the employees of another Govt.
in India for services rendered to that Govt.
Imprest
Means Cash assignment in the nature of a permanent advance placed at the
disposal of officers incurring expenditure such as local purchase of petty
stores, local repairs by civilian firms, Contingent or postal charges and
payments for casual labour on daily rates of pay paid through muster rolls
which is accounted for in contingent bills and reimbursed once a month or
more frequently if desired.
Local Fund
Means(a) revenues administered by bodies which by law or rule having the force
of law come under the control of the government, whether in regard to
proceedings generally, or to specific matters, such as the sanctioning of their
budgets, sanction to the creation or filling up of particular posts or the
enactment of leave, pension or similar rules; and
(b) revenues of any body which may be specially notified by the
Government of India as such India, whether made directly to the
Government servant or indirectly through the intermediary of Government,
but does not include
(a) unearned income such as income from property, dividends and interest
on securities; and
(b) income from literary, cultural or artistic efforts if such efforts are not
aided by the knowledge acquired by the Government servant in the course
of his service.
Financial year
Means the year beginning on the Ist of April and ending on the 31st of
March following.
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Fresh expenditure
Means any expenditure which the budget cannot be held to cover. It does
not apply to expenditure contemplated by regulations but requiring sanction
of higher authority, or on account of services performed which has to be met
periodically, or to arrears of pay and allowances, or to recurring payments
which are recognised by regulations, or have been specially sanctioned by
Government, and which must be paid as they become due, irrespective of
budget provision.
Honorarium
Means a recurring or non-recurring payment made to a Government servant
from the revenue of the Government under whom he is employed, as
remuneration for special work of an occasional (or intermittent) character.
It also means payments made by one Govt. to the employees of another
Govt. in India for services rendered to that Govt.
Imprest
Means Cash assignment in the nature of a permanent advance placed at the
disposal of officers incurring expenditure such as local purchase of petty
stores, local repairs by civilian firms, Contingent or postal charges and
payments for casual labour on daily rates of pay paid through muster rolls
which is accounted for in contingent bills and reimbursed once a month or
more frequently if desired.
Local Fund
Means(a) revenues administered by bodies which by law or rule having . the force
of law come under the control of the government, whether in regard to
proceedings generally, or to specific matters, such as the sanctioning of their
budgets, sanction to the creation or filling up of particular posts or the
enactment of leave, pension or similar rules; and
(b) revenues of any body which may be specially notified by the
Government of India as such.
Local Stores
Are articles of indigenous produce-or manufacture as distinct from
imported stores.
Ministerial appointment
Means an appointment held by an individual whether gazetted, or not,
whose duties are not of an administrative or executive character, but who is
employed as a member of an office establishment.
Miscellaneous Expenditure
Means all expenditure other than expenditure falling under the category of
pay and allowances of Government Servants, leave salary, pensions,
contingencies, grants-in-aid, contributions, works, tools and plants and the
like.
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Non-recurring Expenditure
Means expenditure which does not recur periodically.
Office Contingencies
Comprise those charges which are incidental to the management of an office
as an office and include the cost of postage, telegrams issued without prepayment, telephone charges, furniture, advertisements, office rent, books
and periodicals, charges on account of hot weather establishments, liveries
to office peons, repairs to furniture, local transport charges on duty
connected with the office and other similar petty charges.
Public Funds
Include all funds which are financed entirely from public money, the
unexpended balances of which are refundable to the Government in the
event of their not being devoted to the objects for which granted; and also
(i)
unissued pay and allowances;
(ii) office allowance fund;
(iii) the estates of deceased men and deserters.
The general position is that when a fund does not fulfill the conditions given
above, it is to be 'classified as a regimental fund (non-public fund), even
though it may be entirely financed from public money.
Re-appropriation
Means the transfer of funds from one unit of, appropriation to another such
unit.
Recurring Expenditure
Means expenditure which is incurred at periodical intervals.
Supplementary Grant
Means Parliamentary sanction for additional funds to supplement the
original sanctioned budget when re-appropriation of funds within a demand
is not adequate to finance the additional amount required under certain
heads of expenditure.
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(1)
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cannot reasonably be undertaken and which they would not accept on behalf of
their own constituents.
(b) In the event of cheque being dishonored by the bank on presentation, the
fact shall be reported at once to the tenderer with a demand for payment in cash
and dishonored cheque should be returned to the tenderer on surrendering the
preliminary acknowledgement of the receipt of the cheque previously granted. The
Government will not, however, be liable for any loss or damage which may occur
as a result of the delay in intimating that the cheque has been dishonoured.
(c) When Government dues which are payable by certain fixed dates are
paid by cheque, the person desiring to make such payment in this manner without
risk must take suitable precautions to ensure that his cheque reaches the receiving
office at the latest on the working day preceding the date on which payment is to
be made. Cheques received on the last day of payment of Government dues may
be refused at the discretion of the officer to whom they .are tendered and those
received later will not be accepted.
(ii) The Government may, in relation to any particular class of transactions
involving payment of Government dues, issue orders varying or relaxing any of
the conditions prescribed in this rule.
Note: The term "local banks, as used in this rule means banks (Including the
Reserve Bank and the State Bank of India), located in the station in which the
banks conducting the cash business of the treasury are situated.
Grant of receipts for money received
9.
Officers receiving money on behalf of Government shall give the payer a
receipt on a printed form and keep the counterfoil in the receipt book for,
accounting and audit purposes. (I.A. F.A. -175 for general use; I.A.F.D.-6 For
Farms Departments and I.A.F.S.119 for M.E.S.)
Inclusion of public funds in public account and the general treasury balance
10. Except in a case where a personal deposit account has been opened by an
officer in his official capacity under the provisions of Rule 300, public funds
pertaining a unit, formation or department should not be kept apart from the
general treasury balance, or received for safe custody and kept out of account, or
received at all except under ordinary rules.
Military receivable order for paying money into a Government treasury or
bank
11. (i) Any person paying money (except earnest money) into a Government
treasury or one of the branches of the State Bank of India doing Treasury business,
or the Reserve Bank of India in stations where it transacts all Government banking
business, shall present with it a military receivable order (I.A.F.A.-507) to be
issued by one of the persons mentioned in Rule 12, which shall show distinctly the
nature of the payment, the person or officer on whose account it is made and the
particular Controller of Defence Accounts by whom it is adjustable. On this
authority the Treasury or bank shall accept the money and credit it as, a Defence
Service receipt.
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All units and Formations maintaining Public Fund Accounts with any of the
authorised banks would not henceforth deposit moneys in cash direct to the
Treasury. Instead, they should deposit the money in their Public Fund Account and
simultaneously they should forward a cheque drawn in favour of their banks
together with the MRO to their bankers with the request that the amount may be
credited to the Treasury. Where Govt. transactions are conducted by R.B.I. and
where SBIs are not conducting Treasury functions in cities like Calcutta, cheques
in support of MRO will be issued in favour of R.B.I. only. The bank will return the
original copy of the MRO to the unit for forwarding it to the C.D.A. The
correctness of the money charged off from the cash book will be verified by the
OsC of Units from the equivalent amounts credited and debited in the monthly
statement of accounts issued by the bank.
Where Units/establishments do not maintain their Public Fund Accounts
with Banks, the existing procedure of crediting moneys into treasuries through
cash would continue.
(ii) Military Receivable Orders will be prepared in triplicate. The first two
copies will be presented to the Treasury/Bank who will deliver the original, duly
received, to the depositor who will, in turn, forward it to the C.D.A./P.A.O. (ORs)
concerned under a forwarding memo. The duplicate copy will be retained by the
bank for submission to the Controller of Defence Accounts concerned. The
triplicate copy will be retained by the depositor as office copy.
The first two copies presented to the bank/treasury will be branded "Central
(Defence)" on the top centre with a Rubber stamp.
The period of validity of MRO at places where the cash business of the
treasury is conducted by the Bank will be twenty one days from the date of issue
i.e. the date of signature of the departmental officers who are authorised to issue
such orders. A M R O. will be revalidated in case it is not presented at the Bank
within twenty one days of the date of signature of the authorised departmental
officers or the date of revalidation thereof.
(iii) In the case of payments made into a Government treasury receipts for
sums of Rs. 500 and above will be signed by the treasury officer, receipt for
smaller amounts being signed by the accountant and the treasurer, except receipts
for cash and cheques paid for service stamps which will be signed by the Treasury
Officer.
Persons authorised to sign Military Receivable Orders
12. The following is a list of persons authorised to sign military receivable
orders:
1.
All Commissioned Officers and Civilian Gazetted Officers of the Defence
Organisation serving under the control of the Ministry of Defence including
Department of Defence Production and Department of Defence Supply.
2.
All gazetted officers and SOs (A) in the Defence Accounts Department.
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3.
5.
6.
7.
8.
9.
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demanding cash, the amounts so received will betaken into account and the
demands for funds by cash Requisitions will be restricted accordingly.
Note-The term, "the bank" used in this rule means the Reserve Bank of
India or any branch or agency of the Reserve Bank of India and includes any
branch of State Bank of India acting as the agent of the Reserve Bank of India.
INSTRUCTIONS FOR DEALING WITH PUBLIC FUNDS AND STORES
Responsibility for public funds and stores
15. A Government servant supplied with public funds and/or stores is
responsible for their safe custody, for keeping the stores in good and efficient
condition, and for protecting them from loss, damage
or deterioration. Suitable accommodation should be provided, more particularly
for valuable and combustible stores. He shall not apply them to any purpose other
than that for which they have been supplied. He shall see that they are expended in
conformity with regulations. He may at any time called upon to produce for
verification the balances of public money in his possession or the balances of
public stores in his charge. He shall not therefore, advance, lend or exchange
anything for which he is accountable unless authorised by regulations or cash
private cheques out of public funds. He shall be responsible for the funds and
stores entrusted to him until an account of them has been produced to the
satisfaction of the Controller of Defence Accounts concerned or his representative
for the purpose, or they have been accounted for' to his successor. In cases in
which the acquaintances of the actual payee are not sent for audit, the Government
servant shall be held personally responsible for seeing that the payments are made
to the persons entitled to receive them.
Responsibility for accounting of public transactions
16. All cash and store transactions to which an individual in his official capacity
is a party must be brought to account without delay.
17. Every officer should bear in mind that his account forms a unit entire
system of Defence Accounts, and that mistakes made by him do not effect his
accounts alone. It is, therefore, necessary that he should satisfy himself before
despatching his account that it is complete and correct m -all respects and that all
rules and orders issued for his guidance from time to time have been fully
complied with.
All monthly accounts will bear the date of the last day of the month to
which they relate. All accounts and returns will be endorsed on the back with the
date of despatch.
18. All receipts and charges should, as far as practicable, be brought into the
accounts of the financial year to which they pertain. It will be the duty of every
disbursing officer to pay all outstanding claims against Government, and all
payments due in the current year and chargeable to the accounts of that year,
before the end of March. Every administrative officer will at all times, and
specially when field operations are in progress, ascertain what liabilities are likely
to be incurred and get them settled with the least possible delay.
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Railway warrants, credit notes, sheet rolls and service books shall also, in
general, be checked at the time of monthly, quarterly or half yearly local audit of
store accounts.
24. Local Audit Officers shall also inspect as notified in their programmes the
accounts of public funds maintained by units, formations, ships, establishments,
including units of the Territorial Army and MES. They have full power and
authority to examine the treasure chest balance, the cheque and account books and
to call for any information, account, and voucher or document that they may
require in connection with the accounts of public funds which are examined by
them.
Officers commanding units, formations, ships and establishments shall
request their bankers a week or ten days before the Local Audit Officer's
inspection is due to commence, to furnish direct to the Local Audit Officer
concerned advances of the balance(s) in the public funds account(s) as at close of
business on the last day of the month immediately preceding that in which the
inspection is to take place. Local Audit Officers are not ordinarily required to
verify the cash balances of those units, formations, ships and Establishments
whose accounts are subject to audit by quarterly audit boards. In case, however,
where they consider that the state of accounts of a particular unit, formation, ship
or establishment is unsatisfactory, they may verify the cash balance by actual
counting.
RESPONSIBILITY FOR OVERCHARGE
25. . Subject to such special orders as the Government may issue many
individual case, the responsibility for an overcharge shall rest primarily with the
claimant, and it is only in the event of culpable negligence on the part of the
controlling officer, countersigning officer or the payers of the bill that the question
of recovery from them shall be considered.
Responsibility of Officers signing or countersigning certificates
26. An officer who signs or countersigns a certificate is personally responsible
for the facts certified to, so far as it is his duty to know or to the extent to which he
may reasonably be expected to be aware of them. The fact that a certificate is
printed is no justification for his signing it unless it represents the facts of the case.
If in its printed form it does not represent the facts, it is his duty to make any
necessary amendment which will call attention to the deviation and so to give the
authority concerned the opportunity of deciding whether the amendments cover
requirements.
Responsibility of Imprest Holders
27. An imprest holder will personally operate the imprest account. It is not
permissible for him to delegate the responsibility, for operation of funds to another
person- except in the case of Indian Navy where the imprest holder may authorise
his supply officer to operate the account.
He is personally responsible for amounts drawn by him until they have been
fully and correctly accounted for to the satisfaction of the Controller of Defence
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(viii) advances paid are recorded in pay books serially at the time of payment and
that each entry is signed personally by the disbursing officer or one of the
witnessing officers in a witnessed pay parade;
(ix) the total amount paid on each acquittance roll is entered in the appropriate
place by paying officer in his own handwriting, both in words and figures,
on the spot in such a way that any interpolation becomes impossible;
(x) acquittance rolls are sent to the Pay Accounts Officers/Naval Pay
Office/A.F., C.A.O. by the first working day following that of payment.
29. In the case of civilian establishment of the Army and Navy, head of an
office is personally responsible for every salary drawn on a bill signed by him until
he has paid it to the person entitled to receive it and has had the acquittance roll
signed by the payee with, if necessary, a revenue stamp. Pay may not under any
circumstances be placed in deposit in the unit/ship/establishment pending return of
an absentee to duty, but see NOTE (1) below. The leave allowances of a non
gazetted officer on leave in India shall be drawn on the establishment bills by the
head of the office and the official on leave must make his own arrangements for
getting it remitted to him.
The head of an office may authorise a commissioned/gazetted officer
serving under him to sign a salary bill, voucher or order, for him. The name and
the specimen signatures of the, officer shall be sent to the Controller of Defence
Accounts concerned. This will, not, however, relieve the head of the office, in any
way, from his responsibility for the accuracy of the bill, voucher or order or for the
disposal of the money received in payment. This will not apply in the case of
Military farms where the manager or the subordinate who functions as the
manager of a 'farm shall sign a bill, voucher or order personally.
Note 1. Unless it is certain that the amount can be paid at once, the salaries
of absentees shall not be Included In monthly establishment bills, but drawn in
arrears on their return. If a salary had been drawn, and it is not disbursed by the
close of the month or if any amount has been over drawn, It shall be deduced from
the next establishment bill, on which a note explaining the deduction shall be
entered.
Note 2.-In respect of civilians employed with the Air Force, Pay Accounts
are maintained under the "Individual Running Ledger Account" system, see
Financial Regulations Part II.
Note 3.-As an exception to the general Rule, the payment of pay and
allowances to the non-gazetted, non industrial and industrial employees of ERDE,
Bangalore will be made by crediting the bank accounts of such employees who
have opted to receive payment through their bank accounts. Under this system a
consolidated cheque will be issued by E.R.D.E. Bangalore in favour of the Bank
duly supported by a statement showing the particulars of the individuals concerned
and the amounts due in each case. The S.B.I. will return a copy of the statement
duly certifying on each page that the amounts have been credited in individual's
current/Saving Bank Accounts.
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the relieved and the relieving officer, showing the cash and imprest balances, and
the number of unused cheques, if any, made over and received by them
respectively. The transfer certificate will be prepared on the prescribed form and
one copy of the transfer certificate together with the required copies of the
specimen signatures of the relieving officer will be forwarded to the Controller of
Defence Accounts concerned soon after taking over the appointment. Any
omission to furnish this certificate renders the relieving office responsible for his
predecessor's liabilities. Lists of all damaged property and discrepancies will be
made out and attached to the transfer certificates. Whenever cash or stores are
transferred from one charge to another, a temporary receipt is to be taken in
anticipation, if necessary, of the issue of formal receipt vouchers. The relieving
officer in reporting that the transfer has been completed should bring to notice
anything irregular or objectionable in the conduct of business that may have come
officially to his notice.
Note -The term "leave" includes casual leave. Handing and taking over of
cash and Government stores will take place even in cases of absence on temporary
duty exceeding 7 days duration but In the cases of absence not exceeding 7 days,
handing and taking over of cash would still be necessary. 32. If an officer in
charge of Government property dies or is admitted to hospital before being
relieved or in case an officer taking over command does not arrive before the
departure of the outgoing officer, the senior officer present will provide for the
security of the Government property and will at once take over the cash and/or
stores himself or detail a suitable officer to do so. If such an officer or his higher
executive authority considers it necessary, a board of officers will be assembled
for stock taking and the senior officer of the unit/ship/establishment will be
detailed to- take over and be responsible for all cash and stores until handed over
by him to the permanent incumbent of the appointment. In case a board of officers
is not assembled the officer concerned who took over temporarily will still be held
responsible for the cash and stores upto the time of handing over to the officer
assuming command. The successor officer will be held to have accepted the stores
and/or cash from the date he actually takes over. The permanent incumbent will
invariably hold a stock taking board before he takes over charge of his
appointment.
Interpretation of financial and accounts orders
33. Questions relating to the interpretation of the orders of the Government of
India involving financial or accounts considerations or the verification of the
services shall, in the first instance, be referred by the local authority to the
Controller of Defence Accounts concerned.
Every reference to Army HQ/Naval HQ/Air HQ , or to the Government 'of
India shall be accompanied by a report from the Controller of Defence Accounts
concerned when the nature of the question under reference indicates that such a
report is required.
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In the case of Navy, should an officer consider any demand made on him by
the Controller of Defence Accounts (Navy) to meet audit requirements to be
unnecessary, he is at liberty to represent the matter to Naval Headquarters. Such
reference will only be made to Government when the Chief of the Naval Staff is
not satisfied with the decision of the Controller of Defence Accounts (Navy).
In the case of Air Force the procedure as stated above for the Army will be
generally followed with the modification that the reference to the Controller of
Defence Accounts (Air Force) will be made through the Command Controller and
if the latter are unable to concur with the Controller of Defence Accounts (Air
Force), they will take up the matter with Air Headquarters.
Responsibility for Losses
37. Every Government officer should realise fully and clearly that he will be
held personally responsible for any loss sustained by Government through fraud or
negligence on his part, and also for any loss arising from fraud or negligence on
the part of any other Government servant to the extent to which it may be shown
that he contributed to the loss by his own action or negligence. Detailed
instructions of such responsibility are embodied in Appendix I, of Vol. II of these
Regulations.
Questions involving write off of losses shall be dealt with promptly by all
concerned, and it is of the greatest importance that delay in dealing with any loss
due to fraud, negligence, financial irregularity, etc., be avoided. Every important
case shall be brought to the notice of superior authority as soon as possible, the
administrative authority shall report to his superior and the audit authority to his
superior.
Financial irregularities including losses as indicated below should be
reported to the Controllers of Defence Accounts immediately they are detected : (a) All losses of public money and stores due to theft, fraud or neglect, if the
value exceeds Rs. 500/-.
(b) All losses of public money and stores due to other causes, if value, exceeds,
Rs.1,000 except in case of loss of immovable property due to flood,
earthquake or other natural calamities which should be reported only, if the
value exceeds Rs. 5,000- .
(c) All losses of aircraft, helicopters etc.
(d) All losses of Naval aircraft, ships, submarines etc.
(e) Case of unauthorised issues of cash (including over issues of pay and
allowances) and stores and unauthorised issue of railway warrants, credit
notes, concession vouchers etc. or loss of these documents.
(f)
Irregularities in the maintenance of cash and store accounts e.g., nonmaintenance/ improper maintenance and malpractice in maintenance of
accounts.
(g) Any irregularity/loss, irrespective of the type, monetary value or cause as.
mentioned above presenting unusual features or disclosing defects in rules
of procedure.
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2.
The reports should contain the following information and should be
furnished in duplicate:(a) Nature of irregularity/loss.
(b) Period involved.
(c) Accounting documents affected.
(d) Modus operandi of the fraud, if it is a case of suspected fraud.
(e) How detected?
(f) Whether an enquiry has been ordered and if so, with what results; or
whether sanction of the competent authority has been obtained for not
holding a Court/Board of Inquiry.
(g) Whether any disciplinary action has been/is proposed to be taken and if
disciplinary action has already been taken the nature of it and names and
designations of the individuals affected.
(h) Remedial measures taken to avoid recurrence of the irregularity.
(i) Any other useful details.
A copy of the report received by the Controller of Defence Accounts will be
furnished by him to the Local Stationery Audit authorities also.
Financial Irregularities- Disciplinary Action in Connection with
38. The responsibility for disciplinary action in cases of financial irregularities
rests with the administrative authorities and ultimately with the Government of
India. These authorities will inform the audit officers concerned of the exact nature
of disciplinary action taken by them. If in any particular case it has not been
possible to take adequate action, the reasons why this has not been possible be
indicated. In other words, sufficient facts should be given to satisfy audit that
whatever action was reasonable or possible has been taken.
RATES OF EXCHANGE
Official Rate of Exchange
39. Consequent of the passing of the Currency Act of 1927, the conventional
rate of exchange is also called the official rate of exchange, for the Government
accounts. This rate will be adopted for the conversion of all sterling transactions
(except those for which special or privileged rates have been prescribed) into
rupees and vice versa.
Average Rate of Exchange
40. This is a monthly rate advised by the Ministry of Finance, the calculation
being based on the average of the daily Calcutta Telegraphic Transfer Rates on
London during the month. This rate is adopted for the calculation and adjustment
of gain or loss by exchange on English transactions appearing in the monthly
accounts of the High Commissioner for India and also for the conversion of the
sterling transactions appearing in the inward London Accounts which are
adjustable under Revenue, Service or Capital heads in the Government accounts.
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a higher rank, grade or, class only one extra appointment in a lower rank grade or
class is admissible.
The competent authority to make an excess appointment in a lower rank,
grade or-class against a vacancy left unfilled in a higher rank, grade or class will
be the authority competent to make appointments in both higher and lower ranks,
grades or classes as the case may be.
44 to 50
Blank.
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sanction given under this rule shall remain valid for the specified period for which
it is given.
Orders of delegation passed under this rule may contain a provision for redelegation by the authority to which the powers are delegated.
OBJECTS ON WHICH EXPENDITURE MAY BE SANCTIONED
58. The objects on which expenditure may be sanctioned under the financial
powers laid down in Schedule I of Appendix II (Pt. 1, II and III ) to Vol, II of these
Regulations are : A-ARMY
(i)
Each item of contingent expenditure on account of any workshop, including
ordnance and clothing factories, bakery, store depot, hospital, Military
Farms or Remount Unit and Army Postal Services, other units/formations
and category `A' establishments.
(ii) Temporary establishments or labour in excess of fixed scales.
(iii) Manufacture or issue of special tools and equipment or other articles for
experimental purposes or for expediting production.
(iv) Rewards for information leading to the, conviction of incendiaries or for the
recovery of stray cattle.
(v) Rewards for specially prompt and meritorious action in connection with the
extinguishing of fires and the saving of life and property from damages
arising therefrom.
(vi) Rewards for information leading to the conviction of personnel accused of
bribery and corruption.
Note 1.-Rewards under clause (v) and (vi) above not exceeding Rs. 500 in
any individual case will be sanctioned by the C.F.A. concerned, cases involving
payment of rewards exceeding Rs. 500, but not exceeding Rs. 1,000 will be
sanctioned by the GOC-in-C of Command; those involving payment of rewards
exceeding Re. 1,000 will be submitted for orders of the Government of India.
Government servants shall also be eligible for the above rewards In respect
of acts other than those performed in their official capacity.
Note 2.-In addition to the objects on which expenditure may be sanctioned
under Rule 58(A), the officers of the Army Postal Services may incur contingent
expenditure on account of any Army Postal Service establishment upto the
amounts shown in Schedule 1, Appendix II-Part I-Army to Vol. II of these
Regulations.
(vii) Rewards for information leading to the prevention of thefts from
departments of supply and EME Units/Establishments.
(viii) Expenditure on tests, trials and experiments
within
the
annual
appropriations placed at the disposal of the Director of Ordnance Services,
Director of Mechanical Engineering and the Director of Technical Development,
or within the monetary limit fixed for these purposes, without reference to the
financial limits prescribed in Appendix II to Vol. II of these Regulations, provided
that the prior concurrence of the financial adviser in obtained.
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(ix)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
C -Air Force
(i)
Monthly Contingent Expenditure (Refer Appendix II-Part III-Air Force
General Notes, to Vol. I of these Regulations).
(ii) Reward for information leading to the location of incendiaries.
(iii) Reward for specially prompt and meritorious action in connection with the
extinguishing of fires and the saving of life and public property from
damages arising therefrom
(iv) Rewards for information leading to the conviction of personnel accused of
bribery and corruption.
(v) Temporary establishment or labour in excess of fixed scales/establishment.
Establishment can be created for a maximum period of one year subject to
availability of funds in the Budget.
(vi) (a) Sanction of proposals for experiments and trials of equipment for
projects, measures and trials.
(b) Manufacture or issue of special tools and equipment or other articles
for experiments or for expediting production including trials of
equipment for essential applied research on tools, equipment etc.
(vii) Modification of equipment, vehicles, aircraft etc.
(viii) Airlifting of Non-A O G stores in respect of operationally urgent cases by
civil aircraft.
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(a)
(b)
(d)
Note 1.The Monetary limits prescribed in this rule should not be taken as
applying to the total amount of TA claim, etc. In question but to such portion of the
claims as would otherwise have been submitted to Government for sanction had
delegation of powers not been made.
Note 2.For the purposes of the above rule the DDGOF is also a competent
authority.
EXERCISING OF FINANCIAL POWERS
Provision of funds necessary before financial powers can be exercised
62. To financial powers conferred on authorities subordinate to the Government
of India shall be exercised subject always to the condition that funds can be made
available from the sanctioned budget provision, either from the provision made for
the purpose, or from the provision made for unforeseen expenditure or by reappropriation. Powers are personal
63. The powers authorised in these regulations are personal and cannot be
delegated to any subordinate officer; but see Rule 65.
When lower authority cannot sanction a measure in installments
64. The monetary limit, which has been set in each case, extends to each
separate sanction, the criterion in every case is the total cost of a measure and no
measure which requires the sanction of higher authority shall be sanctioned by a
lower authority in instalments.
Other officers may be authorised to sign for an officer possessing financial
Powers
65. (a) In every case the officer possessing financial powers is persona y and
unreservedly responsible for any orders purporting to be issued in accordance with
the degree of relaxation permitted by this rule, whether the communication
conveying the orders is signed by himself or by an officer subordinate to him.
(b) On the strict understanding that the sole responsibility rests on him, an
officer possessing financial powers may authorise a staff officer to, sign is
communications and documents of a financial character on his behalf, provided
that the name of the officer who is authorised to sign is communicated to the audit
officer concerned and that concurrent authorisation to several officers to the full
limit of powers, is not made. Subject to this condition, Chief of the Air Staff,
GOC-in-C, Commands and E-in-C may, however, authorise one or more selected
staff officers concurrently to sign on their behalf, communication and documents
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of a financial character. In such cases it shall not be necessary for the officer
possessing financial powers him to sanction each item personally. This applies also
in the case of special powers to sanction expenditure not precisely covered by rule.
In relaxation of the provisions of clause (b) above and subject to the other
conditions laid down therein, the Director General, Armed Forces Medical
Services, may authorise DDG (E&S) and ADG (Prov) to sign on his behalf, papers
of financial character regarding local purchase of Medical Stores under his
financial powers.
Note 1.-The Officer Supervisors in the Armed Forces Headquarters and
Inter-Service Organisations may be treated as 'Staff Officers for the purpose of
signing communications of a financial character on behalf of the competent
financial authority in terms of pare (b) above.
(c) Provided that the above conditions are observed, claims for minor
allowances which should ordinarily be countersigned by an Area
Commander/AOC may be countersigned "for an Area Commander/AOC" by a
brigade or Sub-Area Commander/Staff Officer empowered to sign for him.
In the case of Navy, claims for minor allowances which should ordinarily be
countersigned by the Chief of the Naval Staff, or the Naval Administrative
Authorities may be countersigned by a selected officer empowered to sign for him.
(d) When an officer possessing financial powers is absent on leave and no
officer has been formally appointed in his place, financial responsibility will rest
on the officer actually performing his duties that will for the time being exercise
the full powers of the absentee. The subordinate officer's signatures in these cases
should however indicate that he signs "for . . . .
. . . absent on. . .."
(e) When an officer possessing financial powers is absent on tour or temporary
duty, he may permit in writing another officer to sign letters on his behalf. An
audit officer will accept the subordinate officer's signature as implying that the
orders have been approved by the superior officer, provided that the signing officer
signs "for. . . . . .absent on tour/temporary duty".
(f)
When an Officer possessing financial powers has been posted out and no
officer has been formally appointed in his place, financial responsibility will rest
on the officer actually performing his duties that will for the time being exercise
the full powers of the appointment.
Manner of exercising financial Powers
66. (i) Whenever a competent financial authority desires to re- appropriate
savings in order to meet expenditure which he is competent to sanction under these
rules, he shall, if the amount exceeds Rs. 500 forward TAFA-497 to the Controller
of Defence Accounts for report. If the Controller of Defence accounts reports that
funds can be made available by re-appropriation, orders of the authority competent
to sanction the re- appropriation will be -obtained for incurring the expenditure
proposed. If the Controller of Defence Accounts reports that funds cannot be made
available by re-appropriation the expenditure shall not be incurred without the
previous sanction of the Government of India ; in case of urgent necessity,
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however, the CFA may incur the expenditure and report his action with a full
explanation of his reasons to the government of India.
(ii) If the amount which it is desired to re-appropriate does not exceed RS. 500
and if the Controller of Defence Accounts had not already reported that no savings
are available, the expenditure may be incurred without reference to the Controller
of Defence Accounts on the question of re-appropriation, notwithstanding the
provisions of Rule 62.
(iii) If objection is taken in audit to any item of expenditure sanctioned by the
competent financial authority in exercise of the powers conferred by these rules,
and the objection is not withdrawn as the result of any representation or
explanation made by the competent financial authority to the Controller of
Defence Accounts, it shall be incumbent on the former to report the transaction to
the next higher financial authority for orders. The report will be submitted through
the Controller of Defence Accounts who shall state full the grounds of his
objection. Pending a final ruling on the audit objection, further sanctions of that
nature should not be accorded.
Controllers of Defence Accounts function as Financial Advisers to
Commanders
67. The Financial Adviser, Defence Services or officers authorise to act on his
behalf are responsible for the scrutiny of all proposals for expenditure from public
funds pertaining to the Defence Services.
Controllers of Defence Accounts are invested with the duty of affording
financial advice to local commanders and the staff and subordinate officers, and
the fullest use shall be made by them of the assistance of controllers in
investigating all branches of expenditure with a view to restricting expenditure as
far as possible, consistent with efficiency.
Communication of sanctions to Controllers of Defence Accounts
68. Sanction and orders of the Government of India Service Headquarters,
DGOF and DGAFMS are communicated direct to Controllers by the Financial
Adviser, Defence Services. Sanctions and orders by lower authorities are
communicated direct to the Controllers of Defence Accounts by, such authorities.
Sanctions and orders of :(i)
the Chief of the Army Staff are communicated by the Principal Staff
Officers and Head of Branches concerned;
(ii) the Chief of the Naval Staff by those authorities, who are authorised to sign
"for" the Chief of the Naval Staff;
(iii) the Chief of the Air Staff are communicated by those authorities who have
been delegated powers to sign on behalf of the Chief of the Air Staff.
Copies of letter issued by the Government/Service Headquarters etc. which
authorise payment or have any financial implication and which are intended for
communication to the Controller(s) of Defence Accounts who has (have) to act
upon the sanction, should be signed in ink. Other copies viz. those going to lower
formations, other Controllers of Defence Accounts, audit officers may be issued
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under cyclostyled signature. The above does not, however, apply to the sanctions
of a general nature including those involving delegation of financial powers but
only in respect of sanctions to expenditure for particular item of expenditure/for an
appointment/regularisation of loss, with a, definite monetary implications.
Date of effect of sanction
69. Orders of the Government of India take effect from the date t ey bear, unless
otherwise specified.
Lapse of Sanction
70. A sanction for any fresh expenditure which has not been acted on for a year
lapses unless it is specifically renewed, except in the case of:
(a) an allowance, sanctioned for an appointment or a class of officers, not
drawn by a particular incumbent of the appointment or by a particular set of
officers;
(b) additions made gradually from year to year to a permanent establishment
under a general scheme;
(c) an approved MES work. Fresh sanction is necessary however, if work is not
commenced within 5 years of the date of administrative approval.
Note 1-The period of one year referred to in the above rule- should be
calculated from the date of issue of the sanction and the sanction should be
considered to have been acted on If payment in whole or in part has been made in
pursuance of the sanction within twelve months from the date of its issue. In cases
in which part payment has been made within the stipulated period, the subsequent
payment of the balance may, subject to the existence of budget provision, be made
without a fresh expenditure sanction. The bill for the subsequent payment, besides
containing a reference to the expenditure sanction, should also contain a reference
to the number and date of the voucher under which the first payment was made.
Note 2-When there is specific provision in a sanction for any fresh charge
that the expenditure would be met from the budget provision of a specified
financial year, such sanction will lapse on the expiry .of the specified financial
year.
Note 3-In the case of purchase of stores a sanction shall be deemed to have
been acted upon if tenders have been accepted (in the case of local to direct
purchase of stores) or the Indent has been placed on the Central Purchase
Organisation (in the case of Central Purchases) within the prescribed period of one
year from the date of issue of the sanction, even if the actual payment in whole or
in part has not been made during the said period.
71. In case the period of validity of a Government sanction already issued is to
be extended, a separate Government sanction is required to be issued with the
approval of the competent authority and concurrence of the [Integrated] finance,
where necessary.
72. to 80 Blank.
CHAPTER-IV BUDGET ESTIMATES
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INTRODUCTORY
81. The budget estimates dealt with in this chapter refer to the estimates of
receipts and expenditure relating to Defence Services arising in India and abroad
during the financial year. They are submitted along with the main budget of the
Central Government to the Parliament each year and the provision for gross
expenditure is included in the Demands for Grants for obtaining the vote of the
Parliament. Within the sums so voted, Ministry of Defence has to arrange for
financing of services for which that Ministry is responsible.
ESTIMATFS-BY WHOM PREPARED
82. The expenditure for which provision is made in the Defence Services
Estimates falls broadly into the following categories.
(1) Pay and allowances of regular personnel of the Armed Forces.
(2) Payments to Industrial Establishment employed in store depots, factories,
etc.,
(3) Transportation charges.
(4) Miscellaneous expenses.
(5) Payment for stores.
(6) Works expenditure and
(7) Pensions.
Expenditure falling under categories (1) and (7), above represents, for the
most part, obligatory charges and unavoidable commitments dependent on the
strength and composition of Armed Forces and various other factors which are
governed by the policy decisions of the Government of India, and is, therefore,
controlled centrally by the Armed Forces Headquarters. The accounting heads,
under which the expenditure of this nature is compliable, are called "centrally
controlled heads".
Expenditure falling under categories (2) to (6) above is, in general
susceptible to control against budget provision by authorities concerned. The
accounting heads under which the expenditure of this nature is compilable are
called "locally controlled heads". These heads are laid down by the Ministry of
Defence (Finance) and notified from time to all, controlling authorities.
83. The estimates in respect of locally controlled heads in the case of the Army
will be prepared by Headquarters Commands or Independent Areas and
Commanders of- Units and Formations which are directly administered by Army
Headquarters. In the case of Air Force, these will be prepared by Commands and
Independent, Stations/Units. In the case of Navy, these will be prepared by the
local administrative authorities concerned subordinate to Naval Headquarters.
These estimates will be submitted through the Controller of Defence Accounts
concerned so as to reach the respective branches at the Armed Forces
Headquarters by the dates shown below:
Sl
For the
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No.
Army
1.
Preliminary Report for the 10th August 25th July
current financial year.
2.
(a) Preliminary Revised 30th October 15th October
Estimates for the
current financial
year.
3.
25th October
(b)
Forecast Estimates
For the ensuing
financial year.
30th October
15th October
25th October
(a)
Revised Estimates
for the current
financial year.
10th
December
10th
December
10th
December
(b)
4.
Force
10th August
Budget Estimates
10th
10th
for the ensuing
December
December
financial year
(correction to item 2
above).
Modified Appropriations 28th February 20th February
for the current financial
year.
10th
December
5th March
Note-It should be borne in mind that the estimates at Serial No. 3 constitute
the principal estimates particularly for the current year, since the requirement of
funds indicated therein forms the basis of the Supplementary Demands, which are
normally required to be finalised by about the middle of January. The estimates at
Serial No. 3 should, therefore, be framed taking all foreseeable factors into
account.
The authorities at Armed Forces Headquarters will, after scrutiny, forward
these estimates to the Ministry of Defence (Finance) and the Ministry of Defence
along with the estimates in respect of the centrally controlled head (See Rule 87).
84. The various estimates in respect of Ordnance and Clothing factories will be
prepared by the General Manager of Factories and, after scrutiny by local accounts
officer, transmitted to the Director General of Ordnance Factories. The Director
General of Ordnance Factories will consolidate the various estimates and submit
the consolidated estimates in the final form to the Ministry of Defence (Finance).
[through Deputy Financial Adviser (Factories)].These estimates will not be routed
through the Chief Controller of Finance and Accounts (Factories).
85. The various budget estimates (Schedules of Demands) in respect of the
MES expenditure are not routed through the Controllers of Defence Accounts but
are submitted by Chief Engineers at Command Headquarters direct to the E-in.Cs
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Branch at Army Headquarters. The detailed rules and procedure for the preparation
of Schedules of Demands, etc., are laid down in Appendix B of "Regulations for
the MES" and any special instructions that may be issued on -the subject from
time to time.
86. Blank.
87. The estimates of receipts and charges in respect of centrally controlled
heads will be prepared by the Directorates, etc., concerned at the Armed Forces
Headquarters and submitted together with the estimates 'in respect of locally
controlled heads (See Rule 83), to the Ministry of Defence (Finance) and Ministry
of Defence on the following dates :
Sl
No.
Due dates
1.
20th August
2.
3.
4.
10th
November
10th
November
20th
December
20th
December
10th March
Note-The provisions of the note under Rule 83 will apply mutalis mutandis.
88. When the estimates are forwarded through the Controllers of Defence
Accounts or superior administrative officers, they will exercise a check on the
estimates and record necessary corrections reference to sanctions of competent
authorities or progress of expenditure, giving full reasons in support of all
corrections.
GENERAL RULES FOR THE PREPARATION AND CHECK OF BUDGET
ESTIMATES
89. A reasonably correct initial estimate of the sums required to finance the
Defence Services for any particular financial year is of paramount importance, as
on the correctness of this initial budget estimate depends the whole financial
administration of the year.
No precise rules can be laid down for determining the amounts to be
included in budget estimates, or for checking the amounts included in them, but an
intelligent discretion and utmost foresight must be exercised with reference to the
effect that events, occurring or impending at the time the estimates are under
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preparation, are likely to have on- the receipts or expenditure. In all cases, account
should be taken of factors such as the expenditure in previous years, changes of
policy and the probable trend of prices etc.
The following general principles will, however, be observed in the
preparation of these estimates:
(i)
Only sanctioned expenditure may be included in the budget,," but at the end
of the estimate any fresh charge requiring sanction that is likely to be
incurred during the year should be noted. While it is desirable that provision
be made for all items of fresh expenditure requiring sanction that can be
foreseen, it is essential that no provision is made for such expenditure
without due justification and that when such provision is made; the amount
provided for is restricted to the absolute minimum necessary. The estimates
should be prepared on the basis of what is expected to be actually received
or paid (under proper sanction) during-the ensuing year, including arrears of
previous year and not only for, the demand or the liability falling due within
the year. A, statement of case will be submitted in the usual manner for such
fresh charges/'as explained in Rule 93 of these Regulations.
(ii) All variations between the provision for the ensuing financial year and that
for the current year must be explained, and when such variations are due to
the orders of the Government the number and date of the order should be
quoted.
(iii) Fixed charges and those for supplies and services for which scales etc., are
laid down will be based on those data with due regard to past experience. In
making estimates in respect of fixed charges, it must be borne in mind that
what are called fixed establishments are not irrevocably fixed for all times
and should be brought under the formal review of controlling officers from
time to time. Even when there is no thought or intention of making any
change in establishments, controlling officers should review the entire
estimate of the requirements of their departments or services.
(iv) The estimates, so far as they relate to establishments and salaries, will be
based on the existing orders of the Government of India applicable in each
case, no deviation from such orders being permitted without the previous
sanction of that authority. In cases however, where the existing strength of
personnel happens to be less than their authorised establishment due mainly
to the non-availability of suitable delay in training etc., the estimate should
be based on the existing strength suitably increased to provide for further
recruitment and availability of such personnel. In the case of progressive
salaries, the rate of pay which will be due on the Ist September of the year
to which the budget relates should be adopted.
(v) Fluctuating charges, such as travelling allowances, contingent and
miscellaneous charges etc., for which no scales are laid down, will be
calculated with reference to the average normal expenditure of the previous
three years. The estimate of such varying charges should not be merely an
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reviewed by the Ministry of Defence and the Ministry of Defence (Finance) for
taking similar action as in the ease of the Preliminary Report. . `
(c) Revised Estimates This is a more accurate estimate of what the results
of the year are likely to be and is based mainly on actual expenditure known to
date.
If the Revised Estimate shows an unavoidable increase over the sanctioned
Grant (including the Supplementary Grant, if any) under any of the Demands for
Grants, further action is taken by the Ministry of Defence to obtain additional
Grants from the Parliament.
(d) Modified Appropriation This is a final estimate for the year and will be
based on the latest known actual and the likely expenditure during the remaining
period of the year. The closeness with which this estimate should- correspond in
total and in detail to the actual expenditure for the year is of paramount importance
as it is on the basis of this estimate that necessary re-appropriations and/or
surrenders are formally sanctioned by the Ministry of Defence (Finance).
92. The Ministry of Defence jointly with the Ministry of Defence (Finance) are
responsible for the sufficiency and moderation of the Defence Services Estimates.
The responsibility Ministry of Defence in regard to framing the estimates is
exercised mainly through the heads of Branches at Armed Forces Head-quarters or
of either organisations cinder the Ministry of Defence whose duly it is to scrutnise
and, where necessary, amend dent before transmission to the Ministry of Defence
(Finance).
ESTIMATES FOR FRESH EXPENDITURE
93. Every application for sanction to fresh expenditure shall be accompanied by
a clear estimate of its financial effect. This authority with whom the proposal
originates shall frame the estimate as accurately as possible and shall be
responsible for its scope and for furnishing the financial authorities concerned
(Controller of Defence Accounts concerned in the case of proposals initiated by
authorities lower :than Armed Forces Headquarters) with such data as will enable
the tatter /to check it. If, in the opinion of the financial authorities or the Controller
of Defence Accounts, the estimate is defective, the initiating authority will be
called upon to furnish such further information as will enable them to place before
the sanctioning authority a reliable estimate of the cost involved. The financial
scrutiny of these proposals is intended to secure that they are in accordance both
with general financial principles and with any particular regulations that may be
applicable and that they are not open to criticism on the-ground of extravagance.
The administrative authorities cannot call upon the Defence Accounts
Department to furnish statistics which are available in their own offices or which
necessitate the recompilation of accounts.
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3.
Details of Estimates
(a) Preliminary Revised Estimates for the
current financial year
(b) Forecast Estimates for the ensuing
financial year
(a) Revised Estimates for the current
financial year
(b) Budget Estimates for the ensuing
financial year (correction to item (1)
Above).
Modified Appropriations for the current
financial year (i.e. corrections to the Revised
Estimates for the current financial year).
Due Date
20th October
20th October
20th December
20th December
1st March
Soon after the Demands for grants are presented to the Parliament, the
Ministry of Defence (Finance) will notify the allotments under the various classes
of advances to the authorities mentioned, above who will then make necessary
sub-allotments to the subordinate authorities. These allotments will be treated as
`provisional' and no expenditure against them can be incurred until Demands for
Grants are voted by the Parliament and the connected Appropriation Bill is
assented to by the President. Expenditure in the first instsance will be retricted to
the extent authorised to be incurred on "Vote on Account" which is sanctioned by
the Parliament - pending the detailed examination of the Demands for Grants. The
provisional allotments will be confirmed soon after the Demands for Grants are
finally voted by the Parliament and the connected Appropriation Bill is assented to
by the President.
98. to 100 Blank
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109. The ultimate responsibility for watching the progress of expenditure and for
seeing that the expenditure does not exceed the corresponding budget allotment
rests on the senior officer at Armed Forces Headquarters or the Ministry of
Defence within whose general administrative control the relative activities fall.
This responsibility is usually undertaken on his behalf by the Director or other
officer of corresponding status who directly administers the activities concerned.
Thus the Director of Military Training is responsible, under the Deputy Chief of
the Army staff, for controlling expenditure of specialized training institutions and
schools, Director General of Ordnance Factories under the Ministry of Defence for
controlling that on various factories, and so on. The amounts provided for in the
budget estimates under the Locally Controlled Heads, are allotted to Commands
and lower formations by these officers.
Soon after the Demands for Grants 'are presented in the Parliament, the
authorities at Armed Forces Headquarters and other central controlling authorities
will notify to lower formations, the allotments under the various locally controlled
heads. These allotments will be treated as "Provisional" and no expenditure.
against them can be incurred until the Demands for Grants are voted by the
Parliament and the connected Appropriation Bills are assented to by the President.
Expenditure in the first instance will be restricted to the extent authorised to be
incurred on 'Vote on Account' which is sanctioned, by the Parliament, pending the
detailed' examination of the Demands for Grants. Intimation regarding the 'Vote on
Account' and the President's assent to the Appropriation Bill will be sent to lower
formations by the Central Controlling authorities. The provisional allotment will
be confirmed soon after the Demands for Grants are finally voted by the
Parliament and the connected Appropriation Bill is assented to try the President.
Note.- The 'Vote on Account' normally covers the requirements for the
month of April only. The purpose of a 'Vote on Account' is to keep the Government
functioning pending the voting of the Demands for Grants for the full year.
Expenditure on 'new services' should not, therefore, be incurred before the grants
for, the full year are voted end the connected Appropriation Bills enacted.
110. The authorities responsible for distributing funds to lower formations
will in the first instance keep back a certain amount as a reserve to meet any
unforeseen calls from formations. But the actual: amount so withheld initially in
each particular case will be settled by the Armed Forces Headquarters controlling
officer in consultation with the Ministry o Defence (Finance).
It is left to authorities at lower stages in the chain of control to decide
whether they in their turn should also keep a portion of the allotments as an
undistributed reserve at their disposal.
111. All communications of initial allotments will issue with the concurrence of
the Ministry of Defence (Finance) and copies of Communications will be endorsed
to the Accounts and the Audit Officers concerned. Sub-allotments by command or
formation Headquarters, will also be notified to these Officers.
WATCHING EXPENDITURE AGAINST ALLOTMENT
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Air Headquarters and in the case of Controlling Officers at Air Headquarters; reappropriation is permissible only between detailed minor heads falling under the
same sub-head.
(iii) Powers to re-appropriate expenditure not exceeding ten per cent of the
original budget provision between different sub-heads failing within the same
Minor Head will be confined to the DSD, DMT, DDSD (FP), AG, QMG and DOS,
and DGAFMS in respect of the Minor Heads Controlled by each except in the case
of Military Engineer Services which are governed by separate orders on the
subject. Similarly in respect of Navy and Air Force, these powers are vested in
VCNS and D. Fin. P. respectively.
(iv) Full powers of re-appropriation between the Sub Heads within the Minor
Heads under each Demand are vested in the Ministry of Defence.
(v) Re-appropriation between different Minor Heads or in cases in which more
than one Principal -Staff Officer is concerned will be made by the Government of
India.
(vi) No formal re-appropriation should he carried out by controlling authorities
at Armed Forces Headquarters, in respect of, normal- excesses under ordinary
charges, as such excesses will be taken into account in the modified appropriations
which will be sanctioned by the Financial Adviser, Defence Services at the close
of the year.
(vii) Re-appropriations are permissible only between the 'expenditure heads'.
Thus, excess receipts and recoveries which are required to be accounted for as
such cannot be utilised to meet, expenditure in excess of the sanctioned grant.
(viii) No re-appropriations are permissible between funds allotted for "charged"
items of expenditure in terms of Articles 112(3), of the constitution and `voted'
items of expenditure.
(ix) Any excess or savings, anticipated, after re-appropriation between the
detailed heads of the same minor head have been carried out will be reported to the
authorities controlling the expenditure at Armed Forces Headquarters through the
preliminary estimates, which, if accepted should be viewed as modified
appropriation for limiting expenditure. Any major changes to the Preliminary
Revised Estimates will be reported through the Revised Estimates. The acceptance
of the Preliminary Revised Estimates and Revised Estimates, submitted by lower
formations, together with the changes, if any, made by central controlling
authorities, will be communicated to the local controlling authorities so as to reach
them by the 15th December arid 15th February respectively of each year. If any
expenditure is to be incurred in the meantime, the procedure laid down in Rule 115
should be followed.
(x) No formal re-appropriation is necessary for transferring funds under the
same control head between Commands, Areas, Sub-Areas, Institutions, Depots etc.
Such transfers are affected by first withdrawing savings surrendered by one
commands etc. and then re-allotting as required.
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(xi) The sanction of the Government of India is' required to any re-appropriation
which affect the following:
(a) Savings due to non-expenditure of provision for a specific measure.
(b) An error in estimates.
(c) Re-appropriations to meet expenditure one any new activity.
(xii) For powers regarding allotments of funds for works expenditure and reappropriation thereof; see Regulations for the MES and any special instructions
that may be issued on the subject from time to time.
RE-APPROPRIATION STATEMENTS
119. All re-appropriations will, be formally sanctioned as indicate below:Sanctioning authority
(a) Controlling officer
at
Command, Independent
area IAF Command or
Independent Station.
(b) Central
Controlling;
authority.
Forms of sanction
IAFA-786 or IAFWt1832 suitably modified a
copy of which will be forwarded to the central
controlling authority. In the case of Air Force a
copy will also be endorsed to CDA (AF).
Monthly consolidated re-appropriation statement
in I. A. F. A.-786 or I. A. F. W.-1832 suitably
modified which will also incorporate all reappropriations for the month reported by the
command authorities as indicated against (a)
above. In the case of Air Force it will be
submitted in triplicate to Air Headquarters
through the C.D.A. (A.F) and after sanction a
copy will be returned to the originator, a copy to
the Controller and copy retained at Air
Headquarters.
(c) Principal Staff Officers.
Branch Memorandum endorsed to the Ministry of
Defence (Finance) .
(d) Govt. of India, Ministry Office Memorandum endorsed to the Ministry of
of Defence.
Defence (Finance).
EXCESS OVER ESTIMATES
120. In cases where excesses over modified allotments under locally controlled
heads are noticed after the close of the year they should be brought to the notice of
the local authorities by the Controller of Defence Accounts concerned. Local
authorities will report all such messes with full explanations for the excesses to the
controlling authority at Armed Forces Headquarters through the Controller of
Defence Accounts concerned. When this has been done, the Controller of Defence
Accounts can remove his objection to the excesses.
SUPPLEMENTARY GRANTS
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121. If the amount provided for in the sanctioned Budget for any service in a
financial year is found to be insufficient for the purpose or when a need has arisen
during that year for supplementary or additional expenditure on some `new
service' not contemplated in ` the ' original budget for that year, and which cannot
be met by re-appropriation of savings a demand for Supplementary Grants has to
be presented to the Parliament for specific sanction.
122 to 124 Blank.
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CHAPTER-VI
INTRODUCTORY
125. The term "stores" applies generally to all articles and materials purchased or
otherwise acquired for the use of Government, including not only expendable,
consumable and issuable articles in use or accumulated for specific purposes, but
also articles of dead stock of the nature of plant, machinery, instruments furniture,
equipment, fixtures etc.
CHANNELS OF PROCUREMENT
126. Procurement of stores will- in general be done by one or more of the
following methods: (i)
Placing demands or, the Director General of Ordnance Factories for
manufacture of stores in Ordnance factories;
(ii) Placing demands on
(a) Other Ministries of the Government of India, (b) State
Governments, for supply from factories,/workshops./other procurement
agencies under them,
(iii) Placing demands on the Industries/Factory/Statutory Corporations whether
wholly or partly financed by the State set up for the manufacture of specific
ranges of items in the country:
(iv) Placing, demands on the Ministry of Food (Chief Director of Purchase) for
indigenous items of Food stuffs;
(v) Placing demands on the Director General of Supplies and Disposals
including Textile Commissioner, Bombay for procurement from the trade
in India;
(vi) Placing demands on Service Advisers attached to the High Commissioner
for India in the United Kingdom for procurement of stores from the United
Kingdom or the continent of Europe, through the Director General, India
Supply Mission, London;
(vii) Placing demands on the Service Attaches in the United States of America
for procurement of stores from the Governments or trade in the North
American continent countries through India Supply Mission, Washington;
(viii) Local purchase in respect of items, periodical requirements of which are
below the minimum limit prescribed by the Ministry of Commerce
(Department of Supply), other authorized local purchase items and stores
emergently required; and
(ix) Placing demands on M/S Hindustan Aircraft Ltd., Bangalore, for
purchase/repair/manufacture/fabrication of Indian Air Force requirements:
127. All demands will be placed only with the concurrence of the
ministry of
Defence (Finance) except in case covered by specific 'authority. In such cases, on
the factory side, however, the amount involved should be communicated to the
Accounts Officers by the St6perintendents for purposes of budgetary control.
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PURCHASE OF STORES
128. The policy of Government is to make their purchases .of store the public
service in such a way as to encourage the development of the industries of the
country to the utmost possible extent consistent with economy and efficiency. In
particular it is necessary to ensure that indigenous capacity is established for all
items of, defence requirements as far as possible and care should be taken,
therefore, when placing demands for procurement of stores from abroad to ensure
that only such items and quantities are demanded as cannot be met from within the
country.
In order to give effect to the above mentioned policy, preference in making
purchases will be given in the following order, other things being equal: Firstly, to articles which are produced in India in the form of raw materials,
or are manufactured in India from raw materials produced in India, provided that
the quality is sufficiently good for the purpose;
Secondly, to articles wholly or partially manufactured in India from
imported materials provided that the quality is sufficiently good for the purpose;
Thirdly, to articles of foreign manufacture held in stock in India provided
that they are of suitable type and requisite quality; fourthly, to articles
manufactured abroad which need to be specially imported.
129. In respect of stores purchased for the Defence services, the Ministry of
Defence and also the Heads of Branches; Organisations personally, may, when
they are satisfied that such a measure is justified, allow with the concurrence of the
Ministry of Defence (Finance) a limited degree of preference in respect of price to
articles produced or manufactured in India either wholly or in part, in accordance
wit u the principles laid down in Appendix IV of. Vol. II of these Regulations.
These authorities are, however, expected to refer to- the Government of India an
case which they regard as of special importance.
130. I. Save as provided in clause VII below,- all articles require purchased for
the public service shall be purchased on the condition that delivery shall be made
in India for payment in rupees in India.
II. Tenders shall be invited in India and abroad also, when considered
desirable, for the supply of all articles which are purchased under clauses I to IV
unless the value of the order to be placed is small or sufficient reasons, to be
recorded, exist which indicate that it is not in the public interest to call for tenders.
No tender which fails to comply with the condition as to delivery and payment
prescribed in clause I shall be accepted.
III. All articles, whether manufactured in India or aborad, shall be subject to
inspection before "acceptance, and articles - for which specification and/or tests
have been prescribed by competent authority shall be required to conform to such
specification and/or to satisfy the prescribed test or tests which may be carried out
during manufacture or before or after despatch from the supplier's premises.
IV. Important plant, machinery and iron and steel work shall be obtained
only from firms approved by the Director General, India Supply Mission,
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134. When stores are purchased from contractors, the system of open competitive
tender should be adopted and the purchase- should be made from the lowest
tenderer unless there are recorded reasons to the contrary.
135. In cases in which higher rates had been accepted on ground of urgency,
special attention should be paid to see that the expectation in consideration of
which higher price was accepted is actually fulfilled and that delivery dates in such
cases have not been extended beyond the date by which the lowest tenderer
offered to complete the supply unless there are recorded reasons to the contrary.
136. Detailed instructions regarding preparation of indents, submission to
competent authority and the Ministry of Defence (Finance) and placement on the
appropriate
channel
of
procurement
will
be
issued
by
Services/Branches/Organisations with the approval of the Government of India.
GENERAL AVERAGE
137. (i) General average is the adjustment made among owners of vessel and of
cargo in, the event of loss or damage occurring to the vessel and/or Cargo. Itay be
explained that, where under the presence of a common danger an extraordinary
expenditure or sacrifice becomes necessary for the salvation of both the ship and
its cargo, the burden thus incurred is proportionately distribute upon all the
interests that have been benefited by the sacrifice. A familiar example is throwing
overboard a cargo for safety. In such circumstances, a ship declares a "General
average".
(ii) Claims for contribution to "General average" in respect of vessels carrying
Government stores between the United Kingdom, United States of America and
India are to be referred to the High Commissioner for India/Embassy in the United
States for settlement. Such claims give no lien on the stores which are to be
delivered in accordance with the conditions for freight notwithstanding: any
claims for contribution to average.
REPORT REGARDING FOREIGN, MANUFACTURED STORES TO THE
DIRECTOR GENERAL, INDIA SUPPLY MISSION, LONDON/INDIA
SUPPLY
MISSION,
WASHINGTON
BY
LETTER
WHERE
REPLACEMENT OR RECOVERY REQUIRED
138. In order that effective action may be taken by the Director General, India
Supply Mission, London or the India Supply Mission, Washington, against
contractors who are responsible for losses in connection with the transit of their
supplies the consignee shall in all cases where replacement or recovery of value
from suppliers is required, communicate the fact by letter to the Director General,
India Supply Mission London, or the India Supply Mission, Washington as soon as
he aware of the damage or shortage, instead of merely noting his request on the
copy of the packing account to be returned to England/Washington eventually. The
letter shall contain full particulars of the damage or loss indicating as far as
possible where the responsibility lies and whether free replacement, free repair, or
refund of value of stores by contractor is expected. When such a letter is sent to
England or Washington, its number and date shall be quoted in the packing
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one time, extends, are laid down in Schedule XII of Appendix II-Part I
-Army/Schedule III of Appendix II-Part II-Navy/Schedule VIII of Appendix IIPart III-Air Force (List of Financial Powers) of Vol. II of these Regulations.
The financial powers of MES Officers in respect of local purchase of stores,
are laid down in the Regulations for the MES.
Note-(I) Articles of different sizes of specification will be treated as different
articles provided they do not serve the same purpose, and
(ii) Article of different makes and pattern serving the same purpose should be
treated as similar articles.
148 to 154 Blank.
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160. All cases of losses shall be reported and investigated in accordance with the
procedure laid down in the administrative regulations and instructions of the
respective services and the results of investigation shall be communicated to the
competent financial authority through the usual channels for further action as laid
down in clauses (a) and (b) below:
(a) If the investigation shows that the loss is not due to theft, fraud or gross
neglect, it shall be written off by the competent financial authority after
obtaining audit reports from the financial adviser concerned.
(b) If it is decided that the loss is due to theft, fraud or gross neglect, the
competent financial authority shall in consultation with his financial adviser,
take action as under according to the circumstances of the case, with the
object of making recovery of the amount lost to the extent possible from the
guilty persons and also from the supervising officers if laxity of supervision
has facilitated the theft, fraud or gross neglect:
(i)
If the persons responsible are subject to Army/Navy/Air Force Act (aa) He may allow, but cannot compel, the individual(s) concerned to
make good the loss in whole or in part.
(bb) He may initiate action to effect recovery in whole or in part from the
pay and allowances of the individual(s) concerned as penal or authorised
deductions under the Service Act or Rules applicable.
(cc) He may take disciplinary action against the individual(s) concerned,
or, in cases where such action requires the orders of a higher authority, may
submit such cases for orders together with his recommendations.
(dd) Alter he has taken action or has decided not to take action under (aa),
(bb) or (cc) above, he may write off the loss in whole or in part as the case
may be for reasons to be recorded in writing.
Note:-The courses of action at (i) (as) and (bb) above are without prejudice
to the rights of the competent authority to disciplinary action against the
Individual(s) concerned, if considered necessary.
(ii) If the persons responsible are civilian Government servants(aa) He may allow, but cannot compel, the individual(s) concerned to
make good the loss in whole or in part.
(bb) He may initiate, suitable departmental action (including panel
recoveries, if any) to be taken against the individual (s) responsible under
the Central Civil Services (Classification, Control and Appeal) Rules, 1965.
(cc) After he has taken action or has decided not to take action under (aa)
and (bb) above, he may write off the loss either in whole or in part, as the
case may be, for reasons to be recorded in writing.
(dd) He may institute legal proceedings against the person(s) responsible
in a Court, of Law with the sanction of the competent authority.
(iii) If the persons responsible are not Government servants-
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(aa) He may allow, but cannot compel the individual(s) concerned to make
good the loss in whole or in part. If the loss is made good in part, he may
sanction the write off of the balance for reasons to be recorded in writing.
(bb) He may write off the entire loss for reasons to be recorded in writing.
(cc) He may institute legal proceedings against the persons responsible in
a Court of Law with the sanction of the competent authority in accordance
with the recognised procedure (as laid down in the Administrative
Regulations/Orders.)
Any one or more of the above courses of action may at the discretion of the
competent authority be taken against the persons responsible.
Note-For the purpose of the above rule(i) the competent financial authority will be determined with reference to the
gross loss ;
(ii) the net value of the loss in a loss statement to be actually written off by
the competent financial authority will be arrived at after deducting recovery, if any,
made from the Individual(s) concerned whether such recovery Is in the nature of a
penal deduction or otherwise.
Exception (i)
In. cases of loss of stores during transit by rail or on sea or air
or road or from the custody of Railway/Sea Port/Air Port/Transport
authorities, when claim preferred against Railway/carrying
agency/Sea Port/Air Port/transport authorities has been accented in
full, no formal write off , will be required.
(ii) In cases of loss of stores during transit by rail or on sea or air or
road or from the Custody of Railway/Sea Port/Air Port/Transport
authorities, where the carrying agency admits the claim in part, the
residual loss will be regularised, on loss statement by the competent
financial authority competent to sanction the net amount of loss.
[In the case of loss of stores pertaining, to M.T. accidents, where a large
number of loss statements are held up for an indefinite period pending settlement
of the litigations in the civil courts awaiting awards/compensation to arrive at the
net loss after deducting from gross loss, the following action will be taken for their
finalisation
(a) In the case of M.T. accidents irrespective of whether the downgradation
of vehicle is involved or not, the loss will be written off by the Competent
Financial Authority (to be determined with reference to the gross loss)
independently of any liability for the loss attaching to the concerned
unit/individual/other party. However, whenever any amount to make good the loss
has been recovered as a penal deduction or otherwise prior to finalisation/
regularisation of the loss, the same will not be taken into account to arrive at the
net loss to be actually written off. No loss statement/audit report thereon wilt,
however, be pended on account of such recoveries/finalisation of impending Court
Judgements to avoid withholding of finalisation of loss cases for indefinite period.
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Nature of stores
(i)
Ordnance/Inspection
M.T. Depots.
(ii)
(iii)
(iv)
(v)
and
Pricing
Authority
Executive
Ordnance,
Clothing and M.T.
Stores.
Ordnance, clothing LAOs/CsDA
and
M.T. Stores
Supply (ASC)
Stores
Medical and
Veterinary
Executive
Medical and
Veterinary Stores
LAOs/CsDA
Executive
Pricing done by the Executive at, (i), (iii) and (iv) above will, however, besubject to a post scrutiny by the LAOS/CsDA.,
Loss statements for losses in respect of which penal recoveries from
individuals are involved, will be priced by LAOS/CsDA.
In the case of Navy, all loss statements will be priced by, Indian Navy Ships
and. establishments concerned and forwarded to their respective Navy
LAOS/SNLA for check and audit before being regularized by the CFA.
In the case of Air Force, all loss statements will be priced by the executive
officers in accordance with the procedure contained in IAP-1501. Loss statements
in ordnance and clothing factories will be priced by the Accounts Officers attached
to those factories:
LOSS OF PUBLIC MONEY
Definition of the term 'Public Money'
164. The term `Public Money' includes, in addition to cash proper:
(a) irrecoverable personal advances made to individuals no longer in
Government Service;
(b) overpayments of pay and allowances made to individuals no longer in
Government Service;
(c) all other irrecoverable cash claims including the value of issues on payment
to units or individuals the recovery of which would entail considerable
hardship or present special difficulty
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(d)
value of stores issued to contractors which, for any cause, there has been
a failure to recover and the recovery of which would present special
difficulty;
(e) Mosses due to expenditure on freight in respect of stores despatched in error
(f)
losses resulting from the despatch of stores by other than the authorised
procedure;
(g) irrecoverable debts of units disbanded in accordance with demobilization
orders ;
(h) irrecoverable losses due to thefts and fraudulent use of railway warrants,
credit notes or railway concession vouchers;
(i)
demurrage charges incurred due to negligence on the part of
consignor/consignee.
PROCEDURE OF DEALING WITH LOSS OF PUBLIC MONEY
165. All losses shall be reported to the Sub-Area Commander, or the C in the Air
Staff, or in the case of departments to the authority prescribed below,
Ordnance Factories
Clothing Factories
Leather Factories
DGOF
Forces
Medical
Director
of
Remount
Veterinary Services
Director of Military Farms
O.C. Station
Director
of
Supplies
Transport
and
and
Stores DGAFMS
In the case of Navy, all losses shall be reported to the Senior Naval Officer
on the station or the FOsC in C or Fleet Commanders or the Chief of the Naval,
Staff, whoever is immediately Superior to the establishment in which the loss
occurred. The authorities stated above shall arrange for the assembly of a
Court/Board of Enquiry to investigate the loss. The convening of a court of inquiry
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may be dispensed with by the competent financial authority in cases where the loss
is estimated to be less than Rs. 1000/- unless there are any circumstances
connected with the loss which are not clear or which demand special investigation.
If the Court/Board finds that the loss is not due to theft, fraud or gross neglect it
may be written off by the Competent Financial Authority, in consultation with his
Financial Adviser. Should however, it be found that the. loss is due to theft, fraud
or gross neglect, the Competent Financial Authority shall (in consultation with his
Financial Adviser), take action according to the , circumstances of the case, as laid
down in Rule 160.
In cases of losses of or damages to the Defence Stores which may occur
while the stores are in transit by Sea or while these are lying in the custody of Port
authorities prior to their delivery being taken by the Defence authorities, holding
of a Court of Inquiry may net normally be necessary either at the Embarkation
Headquarters end or at the consignee's end in the following circumstances also,
even if the value of the loss/damage exceeds Rs. 1,000/- (Rupees One thousand
only)
(a) where the stores are short-landed;
(b) where the stores are lost after landing from the ship while in the
custody of the carriers or the port authorities ;
(c) where a package or its contents are found damaged or pilfered either
on landing from the ship or while lying in the custody of the port
authorities ; and
(d) where a claim is accepted by the carriers/port authorities to their
maximum liability or where such a claim is settled at a lesser amount
with the prior approval of the Government.
Provided that:
(i)
Appropriate action in each case has been taken by Embarkation
Headquarters for purposes of making necessary Claims : (ii) Prompt action has been taken to make a report to the police for
investigation regarding (b) and (c) above, where loss or pilferage has
been noticed;
(iii) A marine survey has been demanded and held within the prescribed
period in the presence of the carriers, pore authorities and consignee's
representatives, as regards damage to packages and their contents and
shortages, before the stores are taken over by the Defence authorities
or if marine survey could not be held, the cargo is removed and taken
into custody of the Defence authorities after carrying; out a
departmental survey by a Board of Officers in the presence of a
representative of the Port authority.
Losses on account of withdrawals of money from treasuries connected with
Defence Services payments.
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Financial Limits
3000/1500/1000/-
(a)
(b)
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(iv) The provisions of this rule are not affected by any conditions or
limitations imposed in any other rule in these Regulations.
(v) The powers as mentioned above will also be exercised by the Controllers
and their officers dealing with Fund Accounts for waiving of objections pertaining
to non- recovery/overpayment of fund balances, provided such nonrecoveries/over payments are not due to any mistake in accounting but represent
over payments established as irrecoverable for any other reason.
Note 1.-The powers under this rule cannot be delegated to any subordinate officer.
Note 2.-The authority vested In audit officers under this rule is not to be exercised
in respect of Items in the check, or audit of which they have no concern, for
example, where they merely receive bills and forward them to another office for
final audit.
Note 3.-The powers of waiver under clauses (1) and (Ii) above may also be
exercised in respect of claims submitted for pre-audit and found to be open to
technical and/or unimportant objection, in whole or in part.
Note 4.-Command Controllers and Junior Administrative Grade Controllers in
independent charge, will exercise all the powers that are vested in Controller of
Defence Accounts.
Note 5.-C.D.A. Army Meerut will exercise the powers of C.D.A. (Funds)
Note for Readers
Powers of audit officers to waive audit objections and to write off
irrecoverable amounts are summarised as under.
S.No
.
Authority
Waiver
of
Audit Waiver
objections to save Audit
of Write off of
irrecoverable
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1
2
3
4
5
6
[Rule177(iii)]
2000/1000/500/-
Nil
200/-
Nil
Nil
50/25/-
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Note 1.-An Intimation that an appeal has been submitted should be sent to
the Controller of Defence Accounts by the Individual concerned, simultaneously
with the submission of the appeal to the administrative authority.
Note 2.-The term "overpayments" here includes demands arising from the
non-recovery of a Government due of which It Is the duty of the audit officer to,
watch reallsation, e.g. house rent and electric light charges, but does not apply to
recoveries on account of subscriptions, donations or other payments due to
provident funds.
Note 3.-Nothing In the above rules should be held to confer on Individuals
any claim to the remission of sums due to Government.
Note 4.-The procedure laid down In this rule does not apply to
overpayment of pensions which are governed by rules In Pension Regulations for
the Army Part II/ Pension Regulations for the Indian Navy/AFI-166/43.
Note 6-The procedure laid down In clause (a) applies to overpayments on
account of traveling allowance (including unauthorlsed provision of conveyance
and irregular issue of warrants and credit notes) which are detected within twelve
months from the date of payment. The cases involving overpayments which have
not been challenged within 12 months from the date of payments will be submitted
for orders of the Government of India save as provided for In Rule 61.
Note -6.-In the case of men, who at the time of proceeding on leave pending
discharge, drew the entire amount of leave pay (including deferred pay) that would
have been due to them on the date of discharge, and who die before the expiry of
the leave, the amount of pay and allowances (including deferred pay) overdrawn
by them shall be treated as written off.
Note 7.-Orders sanctioning a write off of terminal debtor balances in respect
of non effective personnel will invariably contain a clause to the effect that any
sums which are subsequently found due to them including those which become
admissible on re-employment/re-enrolment under Government, will be adjusted
against the amounts written off.
Note 8.-The competent financial authority for the purpose of clause (b)
above is the authority within whose jurisdiction the Individual is serving at the
time the overpayment is considered for regularisation.
APPEALS
180. An appeal against the final disallowance of an audit officer should be
submitted expeditiously as possible and in no case should it be deferred beyond
two months from the date of issue of the, intimation of final disallowance (sec
Rule 179).
Every appeal (IAFA-508) must be a self-contained statement of the salient
"acts with the omission of all extraneous matter and only such documents should
be attached thereto as are essential to a decision in the case. The Area, Independent
Sub Area or Sub Area/Brigade Commander/the Chief of the Naval Staff/the Chief
of the Air Staff, in agreement with the Controller of Defence Accounts concerned
in his capacity as financial adviser, is empowered to decide whether recovery of
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the disallowance should be withheld until the appeal has been fully considered and
orders passed thereon. In taking such decision, due regard will be paid to the
protection of the interest of Government and to the likelihood of the remission of
the disallowance or overpayment by the competent authority.
In cases where it is decided that recovery should not be withheld, the
appellant should be so informed, and the Controller of Defence Accounts
requested to proceed with the recovery forthwith.
REMISSION OF DISALLOWANCES
181. 1. The officers mentioned in the margin who exercise the fu powers of a
Local Government under the Civil Service Regulations, are empowered to remit
over issues of pay, and disallowances by audit officers in respect of payments
made more than 12 months before the date when they are challenged, to
commissioned, officers, junior commissioned officers, warrant and noncommissioned officers, soldiers, as well as others serving under them who are not
appointed directly by the Government of India, provided they consider the amount
to have been drawn by the person concerned under a , reasonable belief on his
part that he was entitled to it, and that he has not displayed such a degree of
negligence as to make a equitable, inspite of the lapse of time, to enforce recovery
in whole or in part.
2. GOs C-in-Chief, the Chief of the Naval Staff, Flag Officers-Commanding in
Chief, Flag Officer Commanding Fleets, and the Chief of the Air Staff, exercise
the same powers as the officers mentioned in the preceding paragraph in regard to
all overissues of pay and disallowance by audit officers, so far as they affect
payments made more than 12 months before the date when they were challenged.
In the case of over issues or disallowances of payments where erroneous issue- has
been challenged within twelve months from the date of payment, G.Os.C.-inChief, the Chief of the Naval Staff, Flag Officers Commanding-in-Chief, Flag
Officers Commanding Fleets and the Chief of the Air Staff, have the same powers
to sanction remission on the conditions given below:
(i) That the amount challenged was drawn by the individual concerned
under reasonable belief on his part that he was entitled to it.
(ii) That the amount challenged was not an overdrawal occasioned by delay
in notifying an individual's promotion or reversion.
(iii) That the overdrawal does not evidence some defect in system which
should receive the notice of the Government of India.
(iv) That the overdrawal has not(a) had-the effect of raising an individual's emoluments beyond Rs.
12,000 per annum or of increasing those emoluments if they are
already in excess of this limit;
(b) involved other expenditure which under any specific rule requires the
approval of the Government of India.
The audit officer should bring to the notice of the Government of India
cases in which he thinks the intention of the rule is being misapplied.
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3.
The monetary limits upto which the various Army/Air Force authorities
mentioned in this rule can exercise these powers are subject to those prescribed for
losses of public money as laid down in Schedule VII of Appendix II-Part I
(Army)/Schedule VI and VII of Appendix II-Part III-.(Air Force) of Vol. II of these
Regulations.
In regard to the Naval authorities mentioned in this rule their powers for this
purpose are laid down in Schedule XII of Appendix II-Part II-Navy of Vol. II of
these Regulations.
4.
If the amount over issued or disallowed was drawn partly within twelve
months and partly at a date or dates more than twelve months anterior to the date
of challenge, the part amount involved within and beyond the twelve months' limit
will be considered separately (independently) under the above- orders, (see also
Rule 179). Note-Every overpayment to a Government servant is and must be
regarded as, a debt owed to the public and all possible action should be taken to
recover it with despatch. The power to waive the recovery of overpayments made
to Government servants should not be exercised simply on the ground that
overpayment was made in good faith and that recovery would cause hardship.
Whenever, it is necessary to waive an overpayment it should be ensured that there
is fullest justification for such waiver In addition to the fulfilment of the conditions
mentioned in clause (2) above.
5.
In the case of payments made in advance and subject to subsequent
adjustment on production of final bills, documents or other information, for the
purpose of audit, the twelve months' limit dates from the submission of the final
bill etc., and not from the date of receipt of the advance.
6.
All cases of payments due to incorrect interpretation of the regulations on
the-part of the Defence Accounts Department for which direct responsibility
attaches to the Department should be submitted to the Government of India for
orders.
Such cases are required to be submitted by the Controllers of Defence
Accounts to the Controller General of Defence Accounts, who will, after necessary
examination of the case, put them up to the Ministry of Defence for orders of the
Government of India through the branch of the Service Headquarters and DFA
concerned. Government orders regularising such cases will be issued by the
Ministry of Defence.
7.
Cases of overpayments due to failure of audit other than incorrect
interpretation of regulations will be put up by Controllers to the appropriate
competent financial authority within whose financial powers the amount at issue
falls.
Note 1-In sanctioning the remission of disallowances and over issues the
following principles will be observed
(a) An individual's beliefs as to the allowances to which he Is entitled is
not a "reasonable better" if the has omitted entirely to investigate the matter
on his own account.
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(b) Where the overdrawal has been due merely to delay to the publication
of gradation lists recovery should not be treated as a case of hardship unless
the circumstances are very exceptional. ,
(c) The orders for remission should be for the gross amount of
overpayment without deduction of income-tax.
Note 2- The powers laid down in the rule apply to overpayments (see Rule 179).
Note 3-Nothing in these rules shall be held to confer on Individuals any claim to
the remissions of sums due to Government.
Note 4- The powers laid down in this cute do not apply to over payments on
account of travelling allowance (including unauthorised provision of conveyance
and irregular issue of warrants and credit notes). Save as provided for in Rule fit
such overpayments will be regularised under orders of the Government-of India.
Note 5-Recovery of or, balances due to overdrawals in respect of effective
personnel either deliberately or through misapprehension on the part of the
soldier/sailor/airman or misapprehension or lapse on the part of the paying officers
should be made without obtaining formal orders of the CFA under Rule 178.
Note 6-The procedure laid down above does not apply to overpayments of
pensions.
ADJUSTMENT OF CLAIMS
182. The following deductions may be made from the pay non-effective pay and
all other emoluments payable to a person subject to the Army Act, 1950/Air Force
Act, 1950/Navy Act, 1957
(i)
upon the general or special order of the central Government, any sum
required to meet any public claim that maybe against him, any regimental
debt that may be due from him or any regimental claim (Government orders
are not necessary where a claim or debt is not disputed by the person
concerned;
(ii) ny sum required to meet compulsory contributions to any Provident Fund or
any Benevolent of other fund approved by the Central Government.
Explanation-(i) The aforesaid deductions shall be in addition to those specified in
the Acts.
(ii) "Public Claim" shall be held to mean any public debt or disallowance,
including any over issue; or deficiency or irregular expenditure of publicmoney or store of which, after due investigation, no explanation satisfactory
to the Central Government is given by the officer who is responsible for the
same.
183. Retrenchments on account of excess issues of pay, arrears o rent, electricity,
water and furniture charges owing to errors in assessment and unauthorised
expenditure, stoppages other than those awarded under the Army Act, 1950/Air
Force Act, 1950/Navy Act, 57 the value of losses and all other claims for which
Government hold an officer liable shall be recovered in monthly installment of
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third of emoluments. GOs. C.-in-C the chief of the Naval Staff, AOC-in-C, and
heads of departments in the case of civilian establishments serving under them
may, provided they are satisfied that there are reasonable grounds for such a
course, which must be recorded in writing, relax the rule to enable recoveries to be
made in smaller instalments which in no case shall exceed twelve in number.
Note 1- The Chief of the Air Staff will exercise the financial powers under this
rule in respect of the personnel serving In the units under the direct control of Air
Headquarters.
Note 2- Superintendents/Officers-in-Charge of Ordnance etc., Factories is
authorised to-effect recoveries from pay for different reasons as per orders on the
subject in 12 Instalments without prior reference to DGOF.
Note 3-Director Technical Development and Production (Air) will exercise these
powers In respect of staff serving under him.
Note 4-Director of Accounts Air Head Quarters will exercise full powers in
respect, of staff serving under him.
ATTACHMENT OF PAY AND ALLOWANCES
184. When a court order is received attaching a portion of the pay of a
Government servant, who has already received an advance from Government, the
attachment order-to the extent permissible-will have the first claim against his pay
as it falls due and the residue only will be available for the recovery of the
instalment of the advance at the rate provided for by the rules.
Any deductions which may have to be made on account of subscriptions to
provident funds recognised by Government, taxes on income payable by the
Government servant and debts due to Government should be made from the nonattachable portion of the Government servant's salary.
Note-When sending to a, civil court money deducted from the salary of civilian
Government servants paid from Defence Services Estimates under an attachment
order, the disbursing officer should remit to the court only the amount realised
under the attachment order less the remittance charges. A disbursing officer is,
therefore, not entitled to deduct from the salary any amount In excess of that stated
In the attachment order for the purpose of meeting remittance charges.
185. Unless protected by the Army Act, 1950/Air Force Act, 1950, the
attachment of salary and allowances of an individual is governed by the provisions
of the Civil Procedure Code. See Rule 48 (1), Order XXI, and First Schedule,
which is reproduced below
Where the property to be attached is the salary or allowances of a servant of
the Govt. or of a servant of a railway company or local authority or of a servant of
a Corporation engaged in any trade, or industry which is established by a Central,
Provincial or State Act, or a Government Company as defined in Section 617 of
the Companies Act, 1956, the Court, whether the judgement debtor or the
disbursing officer is or is not within the local limits of the Court's jurisdiction, may
order that the amount shall, subject to the provisions of-section 60, Civil
Procedure Code, be withheld from such salary or allowances either in one payment
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or by monthly instalments as the Court may direct; and upon notice of the order to
such officer as the Appropriate Government may by notification in the Official
Gazette appoint in this behalf :
(a) where such salary or allowances are to be disbursed within the local
limits to which the Civil Procedure Code for the time being extends ,the
officer or other person whose duty it is to disburse the same shall withhold
and remit to the Court the amount due under the order, or the monthly
,instalments, as the case may be ;
(b) where such salary or allowances are to be disbursed beyond the said
limits, the officer or other person within those limits whose duty it is to
instruct the disbursing authority regarding the amount of the salary or
allowances to be disbursed shall remit to the Court the amount due under the
order, or the monthly instalments, as the case maybe, and shall direct the
disbursing authority to reduce the aggregate of the amounts from time to
time to be disbursed by the aggregate of the amounts from time to time
remitted to the Court.
When an attachment order is issued by a Court in India in accordance with
Rule 48, Order XXI First Schedule, Code of Civil Procedure 1908 (as amended)
against the salary or allowances of a civilian Government servant paid from
Defence Services Estimates, the part of the leave salary in respect of the leave
spent out of India, which is attached shall be remitted to the Court by the accounts
authority concerned. The balance of leave salary may be drawn by the officer.
ERRONEOUS
PAYMENTS
NOT
CHALLENGED
FOR
A
CONSIDERABLE TIME
186. When erroneous payments have been admitted in audit for a considerable
time owing to a wrong interpretation of financial rules or to oversight, the
following procedure shall be observed for the recovery or otherwise of the
amounts over paid
(a) When a wrong interpretation of a financial rule has been followed in an
audit office, the new interpretation should, in the absence of special
instructions to the contrary, be given effect to from the date of issue by the
Comptroller and Auditor General or the Controller General of Defence
Accounts of the orders stating the correct interpretation.
(b) When erroneous payments have been left unchallenged owing to
oversight, the audit office should not, on its own initiative, undertake a reaudit of bills paid more than twelve months previously, but should report the
facts of the case to the Competent Financial Authority for orders, and a reaudit should be undertaken only if the Competent Financial Authority so
desires.
RETRENCHMENTS FROM CONTRACTORS BILLS AND APPEALS
187. When sums are retrenched from contractors bills, the grounds on which the
amounts have been disallowed will be communicated on IAFA-471. If the
claimant is dissatisfied with the decision given, he may, within one month from the
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claim fell due to the date on which the claim is received in the audit office will be
taken into account. In the case of Air Force personnel, where lit claim is paid by
the Unit Accountant Officer within [12 months] of the date of arising, the claim
will not be treated as time-barred even though the cash account in which payment
is made is received in the audit office more than [12 months] after the date of
arising of the claim. Where a concession or allowance is sanctioned by
Government with retrospective effect, the period of retrospection will not be taken
into account for calculating the time bar of [12 months].
In the case of JCOs/ORs/Sailors/Airmen the date of issue of the relevant
D.O. Part II order or corresponding order prevalent in Navy/Air Force will be
regarded as the date of preferring the claim to the audit office. The time bar will,
however, be reckoned from the date on which the claim fell due.
Note 1.-The [Air Officer-in-charge Administration] will exercise the powers in
respect of belated claims under this rule in respect of the personnel serving In the
units under the direct control of Air Headquarters. Director Technical
Development and Production (Air) will exercise these powers in respect of belated
claims under this rule In respect of the staff serving under him.
Note 2.-The CGS, the AG, the QMG, the MGO, the MS, and the E-in-C are the
competent authorities in respect of the claims of officers serving directly under
them.
Note 3.-The Director General National Cadet Corps is the competent authority in
respect of the claims of service personnel serving with the National Cadet Corps.
Note 4.-The Directors, National Cadet Corps, States (not below the rank of
Brigadier or equivalent) are the competent authorities in regard to personal claims
of service personnel serving under them which are preferred not more than three
years antecedent to the date of claims.
Note 5.-Superintendents/Officers in charge of Ordnance etc., Factories, are
empowered to sanction pay and allowances, In respect of claims made within 3
years without prior reference to DGOF.
Note 6.-The Deputy Military Secretary to the President will exercise the powers of
an Independent Sub-Area Commander in respect of belated claims of personal
entitlement of the President's body-guard.
Note 7.-The Commandant, Infantry School; Commandant, College of Combat,
Mhow; Commandant, National Defence Academy; Commandant, Defence
Services Staff College; Commandant, Indian Military Academy; Commandant,
School of Artillery, Deolail; Commandant, High Altitude Warfare School;
Commandant, Military College of Tele-Communication Engineering, Mhow;
Commandant, Armoured , Corps Centre and School, Ahmednagar;, Commandant,
Army Clerks Training School, Aurangabad and Commandant, Counter Insurgency
and Jungle Warfare School, are empowered to sanction Investigation of claims
upto 12 months beyond the period within which they are admitted in the usual
way under this rule. The Commandant, Military College of Tele-communication
Engineering, Mhow may delegate his financial powers by name to an officer not
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below the rank of Lieut. Colonel posted on the permanent staff of the, Military
College of Tele-communication Engineering.
Note 8.-The Chief Administrative Officer, Ministry of Defence will exercise the
powers of "Head of Department" under this rule in respect of civilian non-gazetted
officers and class IV servants employed in his organisation; Armed Forces
Headquarters and other Inter-service Organisations under the Ministry of Defence.
Note 9.-Commandants/Officers Commanding, Regimental Training Groups and
Centres, Training Centres and Depots, of the rank of Lieut. Colonel and above,
will exercise the powers of Sub-Area Commander in respect of belated claims of
personal entitlement.
Note 10.-Powers to sanction admittance of claims preferred more than [12
months]' antecedent to the date of claim, in respect of DSC personnel attached to
the units/Installations of Army, Navy and Air Force and those of Inter service
Organisations will be exercised by the respective authorities exercising these
powers in the case of their Regular service personnel.
Note 11.-The Director, Institute of Defence Management, Secunderabad may
sanction Investigation of claims upto 12 months beyond the period within which
the are admitted.
189. The orders in Rule 188 above do not apply to claims to pay and allowances
governed by the Civil Services Regulations. Controller of Defence Accounts
cannot investigate such claims which have been allowed to remain in abeyance for
a period exceeding [two years] 2 except under orders of the Ministry of Defence or
an authority exercising the powers of a local Government under the Civil Service
Regulations in respect of the claimant.
Note 1.-Full powers are vested in the Ministry of Defence to sanction all time
barred claims including those which can not be investigated by audit due to non
availability of records. The above powers have been delegated by the Min. of
Defence to the following authorities in respect of the civilians serving in the lower
formations of the Armed Forces Headquarters:(i) Adjutant General
ARMY
(ii) Quarter Master
General
(iii) DGAFMS
NAVY
AIR
FORCE
C.O.P./FOs C-in-C
Commands/FOC Area
AOA/AOs C-in-C
Commands/Gp
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190. For pension claims (inclusive of claims to count former service or pension),
other than those arising under the Civil Service Regulations see Pension
Regulations for the Army. Part II.
LIMITATION OF CONTRACTORS CLAIMS
191. Claims of contractors preferred after three years are time barred the Statute of
Limitations. The time from which the limitation begins to run varies but the
following few- examples are given for guidance. A fresh period of limitation is
computed from the time an acknowledgement accepting a contractor's claim or a
portion thereof is given. Great care should, therefore, be exercised by all
concerned in dealing with such claims and legal opinion obtained where necessary.
Description of claims
Period of
Limitation
For the hire of animals, 3 years
vehicles,
boats
or
household furniture.
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fulfilment of the contract and suitable provisions regarding the security should be
incorporated in the agreement.
Note:- Security deposits will not be taken from Tails, municipalities or other
Government concerns.
204. Under the provisions of Rule 203, exemptions may be granted in the case of
large and reliable firms and individual contractors on the recommendation of the
GOC-in-C Command, by the Chief of the Army Staff or a PSO/ the DGOF (in so
far as Ordnance and clothing factories are concerned) to whom authority is
delegated by him in the case of the Army; and on the recommendation of the head
of the Establishment, by the Chief of the Naval Staff or a Principal Staff Officer to
whom authority is delegated by him and on the recommendation of the Air Officer
Commanding Command/Commander Maintenance Command by the Chief of the
Air Staff or a Principal 'Staff Officer to whom authority is delegated by him in the
case of Indian Navy and Indian Air Force respectively. In a case where a contract
is entered into by the Ministry of Defence on behalf of Army/Navy/Air Force
headquarters/DGOFs Organisation, the competent authority under the provisions
of Rule 203, will be the Secretary, Ministry of Defence. Proposals for such
exemptions will be supported by reports from the income-tax officer and other
civil authorities, showing that the firms or the individual contractors are
financially sound and are known for their business honesty and integrity.
Scientific Adviser, DGR & D and Heads of the R & D Estts./Labs of the
rank of Director Grade II and above may grant exemption from giving security for
due fulfilment of contracts as under:
__________________________________________________________________
Scientific Adviser and DGR&D
Heads of R&D Essts./Labs of the
rank of Director Grade II and above.
Full powers with regard to (i)
Firms registered with DGS&D
(ii) Small Scale Units whose
competency is certified by the
National Small Industries
Corporation (iii) Large and
reliable firms and contractors.
HOW CALCULATED
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(i)
(ii)
(iii)
(iv)
(v)
(vi)
Forms
Cash
Conditions
Government will not pay any interest on any
deposit held in the form of cash.
Promissory Notes and
These securities should be accepted at 5
Stock Certificates of the percent below the market price or at the face
Central Government,
value whichever is less, and should be dealt
Municipal Desbentures with in accordance with the rules in Chapter
or Port Trust Bonds.
IX
of the Government Securities Manual.
Treasury
Savings
These securities should be accepted at their
Deposit Certificates and surrender value.
National Plan
Certificates.
Post Office Saving
A Pass Book for a deposit made under the
Bank Pass Books
Post Office Savings Bank Rules may be
accepted as security, provided that the
depositor has signed and delivered to the
Postmaster a letter in the prescribed form as
required b these rules.
Post Office Cash
The certificates should be formally
Certificates, Defence
transferred to the departmental authority
Savings Certificates and which takes the deposit with the sanction of
National Savings
the Head Postmaster and should be accepted
Certificates.
at their surrender value at the time of tender.
Deposit Receipts of the (1) The deposit receipt should be made out in
State Bank of India
the name of the pledgee or, if it is made out in
name of pledger, the bank should certify on it
that the deposit be withdrawn only on the
demand or with the sanction of the pledgee.
(2) The depositor should agree in writing to
undertake any risks involved in the
investment.
(3) The bank should agree that, on receiving a
signed treasury, chalan and a withdrawal
order from the pledgee in respect of the
deposit or any part thereof, it will atonce
remit the amount specified into the nearest
treasury along with the chalan and send the
treasury receipt to the pledgee.
(4) The responsibility of the pledgee on
connection with the deposit and the interest
on it will cease when he issues a final
withdrawal order to the depositor and sends
intimation to the bank that he has done so.
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(vii)
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(ii) that the acceptance of the new form or forms of security is permissible
under these rules and under the terms of the agreement or bond.
Note 1.-Cash actually received or recovered may be converted into an interest
bearing form of security even when it forms part of a deposit which Is being paid
in Instalments and has not yet been realised in full.
Note 2.-Percentage deductions made from a Contractor's bills held as security for
the due fulfilment of a contract should not be converted into any other form of
security unless there is a special rule or an order for such conversion.
Note 3.-Security furnished by the Government servants in the form of cash or
interest bearing certificates cannot be substituted by fidelity bonds under the
provision of the rule.
FIDELITY BOND AS SECURITY-WATCHING OF THE PAYMENT OF
PREMIA
208. When a .Government servant has furnished security in the form o a fidelity
bond, the departmental authority receiving the bond should see that the
Government servant pays the premia, necessary to keep it alive, on the due dates
and continues to do so until a period of six months has elapsed since he vacated
his office. If the Government servant fails to deliver the premium receipt to the
departmental authority in time, he should be removed from his post at once.
EXECUTION OF SECURITY BOND WITH REFERENCE TO THE KIND
OF SECURITY FURNISHED
209. Subject to any rule or order made by Government in this be the form of the
security bond to be executed at the time of furnishing security should be
determined under orders of.-the head of the department according to the kind of
security furnished. When a Government servant is specially permitted to furnish
security partly in one and partly in another of the forms of security specified in
Rule 206, he should execute separate bonds for the different kinds of security.
EXECUTION OF SECURITY BOND ON BEHALF OF GOVERNMENT
210. Whenever a contract is not unilateral but contains some agreement to be
performed by the Government or any arrangement arrived at between Government
and another party which may create a right in favour of that party as in the case of
cashiers/store keepers, etc, who are entitled to get back their deposits in certain
circumstances, the security bonds should also be executed on behalf of the
Government of India. Such bonds should be executed in bilateral favour both by
the depositor as well as on behalf of the Government. The bond may be executed
on behalf of the Government by any of the officers authorised under the Ministry
of Law Notification No. GSR 1161 dated Ist December, 1958 to execute such
bonds by adding the following clause at the end thereof: "Signed for and on behalf of the President of India by . . . . . . . being the
person directed or authorised by him in that behalf in the presence of. . .."
Security bonds and similar other documents in which there is no covenant to
be performed by Government but which merely creates a right in favour of
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unit concerned. Post Office Savings Bank Accounts in respect of'security deposits
which are under rule being completed by monthly deductions from the individual's
pay will be lodged in the name of the officer, concerned referred to above.
When such securities are to be refunded, a no demand certificate will be
furnished by the officer stated above, after communication with the Controller of
Defence Accounts concerned, who will certify that no claims are outstanding in his
office with regard to the stores etc., held by the Individual concerned.
Note 8.-Security deposits of civilian employees of the IN which will be accepted
only in cash, promissory notes and stock certificates of the Central Government or
a State Government, Municipal debentures, Port, Trust bonds, postal cash
certificates, bank fixed deposit receipts, fidelity bonds of approved companies or
Post Office Saving Bank deposits in full will be lodged in the name of the Officerin-Charge of the Naval Establishment/Installation concerned. Post Office Savings
Batik accounts in respect of security deposits which are under rule being
completed by monthly deduction from the Individual's pay will be lodged in the
name-of the Officer-in-Charge Naval Establishment Installation concerned.
When such securities are to be refunded a no demand certificate will be
furnished by the Officer-in-Charge of the Establishment/Installation concerned,
after communication with the Controller of Defence Accounts (Navy) Bombay,
"who will certify that no claims are outstanding in his office with regard to the
srores, etc., held by the Individual concerned.
SECURITY DEPOSITS-REFUND OF
213. A security deposit -taken from a Govt. servant may be refunded to him after
six months from the date of vacation of his post (including transfer to some other
post: not requiring Security Deposit) irrespective of whether or not he holds a lien
on the former post; but a -security bond should be retained permanently or until it
is certain that there is no' further necessity for keeping it.
214. Without the special orders of the competent authority no security deposit
should be repaid or retransferred to the depositor, otherwise disposed of, except in
accordance with the term of his security bond or agreement. A departmental
authority on returning any security to the depositor should invariably obtain his
acknowledgement duly signed and witnessed. When an interest bearing security is
returned or retransferred, the acknowledgement should set forth full particulars of
the security.
Note.-The "Competent authority" in case of Government servants will be the same
as defined in Rule 202. For private persons or firms taking contracts with the
Government the "competent authority" will be as laid down in Rule 204.
215. The percentage deductions from bills held as security in connection with
contracts to execute work should not be refunded till the final bill has been
prepared and passed.
216. A security deposit should be restored to the contractor on his executing a no
demand certificate (IAFA-451) as soon as possible after the delivery of the
supplies or the performance of the services contracted for and with due regard to
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the state of his accounts. If any delay occurs in the audit of these accounts a refund
of such portion of his security deposit may be made to him as the executive officer
or Naval Officer in whose name the security deposit is lodged, after consultation
with the audit officer, and with his concurrence, considers expedient. At therequest of the depositor a security deposit or any portion thereof held in respect of
an expired or nearly expiring contract may be appropriated in whole or in part
towards the security deposit of another contract that has just been or is about to be
entered into with the depositor.
If the security deposit of or any other sums due to a contractor are attached
by any court, the executive officer may, if there be no claims against the contractor
pay the total amount into court. Otherwise the lien of Government on this amount
takes precedence of a claim by an attaching creditor; but if the contract be a joint
one, i.e., furnished by more than one individual joining in a contract, no amount
can be attached to satisfy a demand against one of the partners alone. Security
deposits or any other sum due to the estate of a deceased subordinate or contractor
may be paid without the production of the usual legal authority under the orders of
the GOC/the Chief of the Naval Staff/AOM/AOA/AOCinC. (DGAFMS in the
ease of contracts of medical store depots)/ DGOF, in the capacity of a Local
Government on execution of an indemnity bond in the prescribed form (Appendix
III) with such sureties as he may require, if he is satisfied, as to the right and title
of the claimant and considers that undue delay and hardship would be caused by
insisting on the production of letters of administration. In any case of doubt
payment should be made only to the person producing legal authority. A security
deposit made by another person or behalf of a contractor -will, on fulfilment of the
contract, be returned to the depositor.
No security should be refunded (see IAFA-296) till the particulars of the
claims have been verified with the receipt entries in the cash book or security
register and the receipt provided on the reverse of the no demand certificate
(IAFA-451) duly completed in all respects is signed by the depositor.
Note 1.-When payment of securities is made to an official receiver appointed by
the court to manage the estate of a contractor adjudicated insolvent, the order of
the court appointing the individual as the receiver of the contractor's estate and the
receipt given by the receiver on the reverse of the no demand certificate for the
assets made over to him would be complete answer to any claim by the contractor
or a third person on his behalf.
Note 2.-If it appears to an executive officer, on receipt of an order of attachment,
that non payment of moneys due to a contractor from Government would
adversely affect the continuance of services under contract, the executive officer
will make due representation to the court concerned with a view to obtaining a
modification of the order, which will give authority to the executive officer to
continue payments to the contractor as are necessary in the circumstances, and, at
the same time retain or pay Into court a percentage of future sums accruing up to
the limit of the attachment.
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219. Securities furnished by banks shall be taken at their market value. In the
event of fluctuations in the market value of security deposits lodged by private
banks or firms in respect of regimental funds lodged with them (vide relevant,
rules in the Regulations for the Army in India and Regulations for the IAF) the
Controller of Defence Accounts concerned shall in all cases review the position
annually, or, .f he or the depositor so desires, after an interval of six months from
the date of deposit, or from the date of the last review. In either case, when a
considerable difference in value has taken place, the Controller of Defence
Accounts shall either call upon the depositor to make up the difference or allow
him a refund, as the case may be.
SECURITIES HELD BY GOVERNMENT OFFICERS AS SECURITY FOR
PERFORMANCE OF A CONTRACT, ETC.
220. In the case of securities held by Government officers for any purpose the
following instructions shall be observed: (1) In no case shall bearer bonds be held as security.
(2) When promissory notes and stock certificates of the Central Government
or a State Government are so held it is of great importance that a Government
officer shall not receive or in any way deal with such notes in his official capacity
if the title /of the depositor is not absolutely clear or is in any way defective.
Before therefore accepting such a note, he must carefully scrutinize the
endorsements on it. If he has reason to think that any of the endorsements (i.e., not
only the last endorsement) is irregular, or if, for any other reason, he is not
satisfied as to the title of the person presenting a note, he shall refuse to accept it
and shall instruct the depositor to get it renewed by the "Public Debt Office". In
performing this duty, the officer shall, in particular satisfy himself:
(a) that the title of the depositor of the note is clear and indisputable, i.e.,
that he is in fact the lawful owner of it;
(b) that all endorsements are on the note itself. An endorsement written
on a, piece of paper attached to the note is invalid and shall not be
recognised;
(c) that every endorsement which consists of two parts, (i) the pay order
containing the name of the endorsee and (ii) the signature of the endorser, is
in order and is written clearly and legibly in one of the endorsement cages
provided on the back of the note; and
(d) that no endorsement signed "for" any other person has been made on the
note as such an endorsement is invalid.
Note:-The Government Securities Manual-Chapter V-contains full
Instructions In this respect.
(3) Promissory notes and stock certificates of the Central Government or a
State Government, transmitted by post shall invariably be sent uncut and insured
as of the value of Rs. 100 irrespective of their face value.
(4) Promissory notes and stock certificates of the Central Government or a
State Government, to be deposited with officers: ____________________________________________________________________________________________________________________
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(a)
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non-terminable 3 percent loan. In this event they shall be converted into stock of
the desired loans subject to the rules and conditions contained in the Government
Securities Manual.
(6) The procedure laid down in clause (4) shall apply mutatis mutandis in the case
of treasury bills deposited with a Government officer in his official capacity. A
holder of Post Office cash certificates may tender them as security to any
department of Government for their current value. Cash certificates so deposited
shall be formally transferred to the Controller of Defence Accounts with the
sanction of the Head Postmaster irrespective of the period for which they are
pledged and shall be forwarded to the nearest treasury for safe custody.
SECURITIES-INTEREST PAYABLE ON
221. Interest in respect of promissory notes or stock certificates shall be
periodically distributed to depositors on receipt by, the Controller of Defence
Accounts from the Reserve Bank of India, the treasury or the "Public Debt
Office", as the case may be, subject to the following: (a) Deduction of. income-tax and surcharge at the maximum rate unless
exemption or abatement is supported by an Exemption or Abatement
Certificate granted by an income-tax officer-The deduction shall be made by
the Controller of Defence Accounts in the case of notes deposited with the
Reserve Bank of India and, in other cases, by the "Public Debt Office" or
the treasury officer, as the case may be. The person deducting the incometax is required under section 18(9) of the Income-tax Act to furnish to the
person to whom the interest is paid, a certificate containing relevant details
to enable him to claim a refund, if necessary.
(b) Deduction of commission at the authorised rate charged by the Reserve
Bank of India for drawal and remittance or interest-This commission is not
charged in the case of security deposits of Government servants and of
banks , holding regimental or non-public funds in respect of securities
lodged for such funds.
(c) In the case of security deposits of subordinate and contractors of
departments, which are allowed to-make their own disbursements, the
Controller of Defence Accounts shall issue, authority to executive officers
in IAFA-291 for each depositor separately and the latter shall make the
payment and support such payments by the authority in original and the
payee's receipts.
GOVERNMENT PROMISSORY NOTESRETURN AND SALE OF
222. (i) When the return or sale of a promissory note is require ,application
(IAFA-295) shall be made to the Reserve Bank of India or the treasury at which
the note was deposited for safe custody. In the case of stock certificates it shall,
however, first be necessary to have them converted into promissory notes. The
"Public Debt Office", the Reserve Bank of India,, a treasury officer or the
Controller of Defence Accounts shall act purely as the, agent of the officer- who
originally received the note and such officer is responsible for taking action for the
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sale, realisation or return of the securities in accordance with the conditions of the
endowment.
(ii) In addition to any actual outlay in brokerage, a commission of one eight per
cent, is charged by the Reserve Bank of India for the purchase and sale of
promissory notes.
(iii) When a promissory note dealt with under the exception to clause (5) of Rule
220 is returned, it will not be the identical note which was sent for custody, but
another note of the same loan or of the loan into which the original note was
transferred.
(iv) An officer applying for the delivery of a note shall always specify at what
treasury or sub-treasury he Wishes it to be enfaced for payment of interest.
(v) If a depositor desires that the securities to be returned to him should be in
the form of a stock-certificate, this may be arranged for through the "Public Debt
Office" or the Reserve Bank of India, concerned.
(vi) The "Public Debt Office" charges certain fees for the conversion of a
security from one form into another and/or from one loan into another, except in
the case of conversion into stock certificates.
MUNICIPAL DEBENTURES AND PORT TRUST BONDS
223. Municipal debentures and Port Trust bonds deposited with Government
officers shall be dealt with generally under the rules laid down for GP Notes. All
such securities shall be forwarded to the Controller of Defence Accounts
concerned with IAFZ-2139, who will draw the interest and pay or authorise
(IAFA-291) the amount due to be paid to the depositor.
BANK FIXED DEPOSIT RECEIPTS
224. Bank fixed deposit receipts should be made out in the name of an forwarded
to the :Controller of Defence Accounts for custody. Interest on bank fixed deposit
receipts should not pass through Government account, but depositors should make
their own arrangements for receiving it, when due, direct from the bank on a letter
from the officer who received the deposit authorising the bank to pay it.
SAVINGS BANK DEPOSITS
225. In the case of Savings Bank deposits the-depositor must himself the money
in the Savings,. Bank and sign the necessary security -deposit form obtainable
from the post office. He will then, deliver the pass book to the officer concerned
who will satisfy himself by an inspection of the entries on page 1, that the amount
deposited has been correctly pledged to the Controller of Defence Accounts or to
the Defence Estates Officer in the case of contracts executed by him. Such
securities cannot be withdrawn from the Savings Bank without the written
permission (IAFZ-2141) of the officer to whom the security is pledged. Should
there be any claim outstanding against the depositor, the amount of such claim, if
necessary, will be withdrawn by the officer concerned and paid into the treasury to
the credit of Government. The post office will pay the deposit money in whole or
in part to the officer to whom the security was pledged.
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Note 1.-In the case of other personnel of Military Farms and Remount Units of
RVC whether borne on regular establishment or casual e.g., tractor drivers,
machine hand/artificer class I to IV. M.T. drivers, deliverymen, chowkidars,
veterinary dresser, laboratory attendants, laboratory bearers and store mazdoors the
security required from them will be recovered by the Officer-in- Charge/Manager
of the Installation M cash by small monthly deduction from their pay. The amount
of monthly deduction will be fired by respective Directors, viz., Director of
Military Farms/Director of Remount and Veterinary Services. These deductions
will be deposited In the Post Office Savings Bank in the name of the employee
concerned, the savings bank account being pledged to the Officer-inCharge/Manager of the Installation.
Note 2.-The pledger after obtaining the pass book from the pledges can
withdraw the Interest on the amount In the post office Savings Bank Account
provided, it exceeds the amount of security deposit fixed for a particular, post.
226 to 230. Blank
ANNEXURE I
Referred to in Rule 200
Form of Cash Security Bond
KNOW ALL MEN BY THESE - PRESENTS THAT I, A. B. .....
......of......... ...am held and firmly bound unto the President of India, his
successors and assigns (herein- after referred to as 'Government") in the sum of
Rs.................. (Rupees ..................................) to be paid to the Government for
which payment, well and truly to be made, I bind myself, my heirs, executors,
administrators and legal representatives by these presents.
Signed and dated this............ day of ..................one thousand nine
hundred.................
2. WHEREAS the above bounded A. B, was on the ...........day of....... 19....
appointed to and now holds the office of ............... in the office
of ................................................................................................................ AND
WHEREAS the said A.B. ..........................by virtue of holding such office is
bound to collect................(here describe the nature of the Cashier's/StoreKeeper's/Sub-Store-Keeper's/Subordinate's duties) and to keep and render true and
faithful accounts of his dealing with all property and money which may come into
his hands or possession or under his control, such accounts to be kept in the form
and manner that may, from time to time, be prescribed by duly constituted
authority, and also to prepare and submit such returns, accounts and other
documents as may, from time to time, be required of him.
3. AND WHEREAS the said A.B. ............. has, in pursuance of the rules delivered
to and deposited with................. the above-mentioned ................. sum of Rs.........
(Rupees .....................) in cash as security for I the due and faithful performance
by the said A.B.................. of the duties of his said office and of any other office
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requiring security to which he may be appointed at any time and of other duties
which' may be required of him while holding any such office as aforesaid and for
the purpose of securing and indemnifying the Government against all loss, injury,
damage, costs or expenses which the Government may, in any way, suffer, sustain
or pay, by reason of the misconduct, neglect, oversight or any other act or
ommission of the said A.B. .......
..... or of any person or persons acting under
him for whom he maybe responsible.
4. AND WHEREAS the said A.B.
has entered into the above bond in the
sum of ................ conditioned for the due performance by him the said A.
B. ............ of the duties of the said office aforesaid and of other duties appertaining
thereto or which may lawfully be required of him and to indemnify the
Government against loss from or by reason of the acts or defaults of the said
A.B. ........... and of all and every other person and persons aforesaid.
5.NOW THE CONDITION OF THE ABOVE WRITTEN BOND is such
that if the said A.B., has, whilst he had held the said office of .............. as
aforesaid, always duly performed and fulfilled the duties of his said office and if
he shall, whilst he shall hold the said office or any other office requiring security
to which her -may be appointed, or in which he may act, always duly perform and
fulfill all and every duties thereof respectively and other duties which may from
time to time be required of him while holding any such office as aforesaid, and
shall duly pay into the Government Treasury at .......... all such moneys and
securities for moneys as are payable or deliverable to Government and shall come
into his possession or control by reason of the said office and shall duly account
for and deliver up all moneys, papers and other property which shall come into his
possession or control by reason of the said office and if the said A.B. .................
his heirs, executors, administrators or legal representatives, shall pay or cause to
be paid unto the Government the amount of any loss or defalcation in the accounts
of the said......... within 24 hours after the amount of such loss and or defalcation
shall have been demanded from the said A.B. ............... by the ......... Such demand
to be in writing and left at the office or last known place of residence of the said
A.B. ............. and shall also at -all times indemnify and save and keep harmless the
Government from all and every loss, injury, damage, actions, suits, proceedings
costs, charges or expenses which has been or shall or may at any time or times
hereafter during the service or employment of the said A.B............... in, such office
as aforesaid, or any such offices aforesaid, be sustained incurred, suffered,
brought, sued or commenced or paid by the Government by reason of any act,
embezzlement, defalcation, mismanagement, neglect, failure, misconduct, default,
disobedience, omission or insolvency of the said A..B............ or of any persons or
person acting under him or for whom he may be responsible, then this obligation
shall be void and of no effect, otherwise the same shall be and remains in fall
force.
PROVIDED ALWAYS and it is hereby declared and agreed by and between
the parties hereto that the said sum of Rs. ....................( Rupees ...............) so
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delivered and deposited as aforesaid shall be and remain with the .............. for the
time being, as such security as aforesaid with full power to the ......... for the time
being as occasion shall require to apply the said sum of rupees ........... or any part
thereof in and towards the indemnity of the Government or otherwise as aforesaid.
6. And it is hereby further agreed that in the event of the death of the said
A.B. ............... or on the final termination of the service of the said A.B. ............
whether as ......... as aforesaid, or otherwise or in the event of the said A.B. .........
ceasing to hold any office requiring security the said sum of Rs. ........................
(Rupees .........) shall be retained by Government for............. months after the said
A.B............... has either died while holding the said office or has quitted the said
office or has ceased to hold any office requiring security and the said sum or so
much thereof as shall then remain in deposit and shall not have been applied or
appropriated as aforesaid shall on the expiration of the said period of...........
months, be returned to the said A.B. ............ or his heirs and legal representatives
as the case may be without interest and this bond shall remain with the, ......... for
recovering any loss, injury, damage, costs or expenses that may have been
sustained, incurred or paid by the Government Owing to any act, neglect or default
of the said A.B. ........... or any ,such other person or persons as aforesaid and
which may not have been discovered until after his death or the termination of his
said service, or ceasing to hold any office for which the security was required.
PROVIDED ALWAYS that the return at any time of the said security, shall
note be deemed to affect or prejudice the right of the Government to take
proceedings upon or under this bond against the
said A.B. ............ or a against his heirs, executors, administrators or legal
representatives after is death, in case any breach of conditions of this bond shall be
discovered after the return of the said security, and the responsibility of the said
A.B: .............. or his estate, as the case may be shall at all times continue and the
Government shall be fully indemnified against all such loss or damage as aforesaid
at any time.
7. PROVIDED FURTHER THAT nothing herein contained nor the security
hereby given shall be deemed to limit the liability of the said A.B. ................ in
respect of matters aforesaid to the forfeiture
of the said sum of Rs ......... (Rupees ............) or any part or parts thereof and that
should the said sum be insufficient to indeminify the Government in full for any
loss or damage sustained by them in respect of matters aforesaid or any of them
the said A.B. ............. shall pay to the Government on demand such further sum as
shall be deemed by the ........ to be necessary in addition to the said sum of Rs. ......
(Rupees .........) to cover loss or damage as aforesaid and that the Government shall
be entitled to recover such further sum payable as aforesaid in any manner open to
them.
1. Signed by the above bounden......... in the presence of...........
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2. Signed for and on behalf of the President of India by .......... the ........
being the person directed or authorised by him in that behalf in the presence
of ..........
ANNEXURE II
(Referred to in Rule 20)
FORM OF SECURITY BOND (FIDELITY BOND DEPOSITED AS
SECURITY)
KNOW ALL MEN BY these presents that I, A.B. ....... of ...... am held and firmly
bound unto the President of India, his successors and assigns (hereinafter referred
to as "Government') in the sum of Rs.......... (Rupees ........) to be paid to the
Government for which payment, well and truly to be made, I bind myself, my
heirs, executors, administrators and legal representatives by these presents. Signed
and dated this day of ......... 19 ........
2. WHEREAS the above bounden A.B. ............... was on the day of.....
19............ appointed to and now holds the office of..... in the office of ........ AND
WHEREAS the said A.B. ...... by virtue of holding such office is bound to .
collect...... (here describe the nature of
Cashier's/Store-keeper's/
SubStorekeeper's/ Subordinate's duties) ........... and to keep and render true and
faithful accounts of his dealings with all property and money which may come into
his hands or possession or under his control, such accounts to be kept in the form
and manner that may, from time to time, be prescribed by duly constituted
authority, and also to prepare and submit such returns, accounts and other
documents as may from time to time be required of him.
3. AND WHEREAS the said A.B. .......... and has, in pursuance of rules
delivered to and deposited with ...... a fidelity bond issued by......... Company for
the sum of Rs.......... (Rupees .......) as security for the due and faithful performance
by the said A.B. ......of the duties of his said office and of any other office
requiring security to which he may be appointed at any time and of other duties
which may 'be required of him while holding any such office as aforesaid and for
the purpose of securing and indemnifying the Government against all loss, injury,
damage, costs or expenses which the Government may, in any way, suffer, sustain
or pay, by reason of the misconduct, neglect oversight or any other act of omission
of the said A.B. .......... or of any person or persons ,acting under. him or for whom
he may be responsible.
4. AND WHEREAS the said A.B. ......... has entered into the above bond in
the sum of ....... conditioned for the due performance by him the said A.B... ...........
of the duties of. the said office and of other duties appertaining thereto or which
may lawfully be required of him and to indemnify the Government against loss
from, or by reason of the acts or defaults of the said A.B. ....... and of all and every
person and persons aforesaid.
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5. NOW THE CONDITION of the above written bond is such that if the
said A.B.......... has whilst he has held the said office of ......... as aforesaid always
duly performed and fulfilled the duties of his said office and if he shall, whilst he
shall hold the said office or any other office requiring security to which he may be
appointed, or in which he may act, always duly perform and fulfil all and every the
Duties thereof respectively and other duties which may from time to time be
required of him while holding any such office as aforesaid, and shall duly pay into
the .government Treasury at .,........ all such money and securities for money as are
payable or deliverable to Government and shall come into his possession or
control by reason of the said office and shall duly account for and deliver up all
moneys, papers acid other property which shall come into his possession or control
by reason of the said office and if the said A.B......... his heirs, executors,
administrators or legal representatives shall pay or cause to be paid unto the
Government the amount of any loss and/or defalcation in the accounts of the
said ............ within 24 hours after the amount of such loss and/or defalcation shall
have been demanded from the said A.B. ...... by the .......... such demand to be in
writing and left at the office or last known place of residence of the said
A.B. .......... and shall also at all times indemnify and save, and keep harmless the
Government from all and every loss, injury, damage, actions, suits proceedings,
costs, charges and expenses which has been or shall or may at any times or time
hereafter during the service or employment of the said A.B. ....... in such office as
aforesaid, or any such offices aforesaid, be sustained, incurred, suffered, brought,
sued, or commenced or paid by the Government by reason of any act,
embezzlement, nt, defalcation, mismanagement, neglect, failure, misconduct,
default, disobedience omission or insolvency of the said A.B. ............ or of any
person or persons acting under him or for whom he may be responsible, then the
above written bond shall be void and of no affect, otherwise the same shall be and
remain in full force.
6. PROVIDED ALWAYS and it is hereby declared and agreed by and
between the parties hereto that the said fidelity bond No. ..... delivered and
deposited as aforesaid shall be and remain at the disposal of the said officer for the
time being or the Government as and for part and as additional security over and
above the above written bond to the Government, for the indemnity and other
purposes aforesaid 'with full power to the Government or an officer duly
authorised in, that behalf to obtain and receive payment of the sum or sums of
money recoverable or to be received upon or by virtue of the said fidelity bond or
a sufficient portion thereof and all benefits and advantages thereof and to apply the
same in and towards the indemnity as aforesaid of the Government.
7. AND it is hereby further agreed and declared by and between the parties
hereto that the said A.B...... shall keep the said fidelity bond issued by the said
company in full force by payment of the premia as and when they fall due and by
otherwise conforming to the rules of the said company relating thereto.
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ANNEXURE III
(Referred to in RULE 200)
LIFE INSURANCE CORPORATION OF INDIA CREST
(Established under the Life Insurance Corporation Act, 1956)
FIDELITY GUARANTEE COLLECTIVE POLICY
Policy No. .............
Division.............
IN CONSIDERATION OF the first premium shown in the First Schedule
and subject to the terms and conditions contained herein or endorsed hereon which
are to be deemed conditions precedent to any liability on the part of the
Corporation so far as they relate to anything to be done or complied with by the
Employer, the Corporation binds itself to make good and reimburse to the
Employer all such direct pecuniary loss not exceeding the amount of guarantee as
the Employer shall sustain by any act or acts of dishonesty default or negligence
committed by any of the Employed (a) during the currency of this insurance and
(b) during the uninterrupted continuance of employment of such employed and (c)
in connection with his occupation and duties AND DISCOVERED during the
currency of this insurance or within a reasonable time thereafter or within twelve
months after determination of such employment whichever event shall first
happen.
The proposal for this insurance made by or on behalf of the Employer
together with any correspondence relating thereto shall be incorporated herein and
be the basis of this contract and of every renewal.
THE FIRST SCHEDULE
Name
The Employer:
Business
Address
The Employed:
The amount of Guarantee Rs.
Occupation and duties:
The first premium Rs.:
The renewal date . The ...... day of ...... in each year.
The currency of this insurance : The period or periods from the dates written
against the respective names of the Employed to the then next renewal date and
any year thereafter in respect of which the Corporation shall agree to accept an
employer or Employed shall pay the annual premium specified in the second
schedule, hereto.
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Employed by reason of any act, committed after such knowledge shall have come
to the Employer or his said representative. Within three months after such notice
the Employer shall deliver to the Corporation full details of his claim and shall
furnish proof of the correctness of such claim. All books of accounts of the
Employer of any Accountants reports thereon shall be open to the inspection of the
Corporation and the Employer shall give all information and assistance to enable
the Corporation to sue for and obtain reimbursement by any one of the Employed
or by his estate of any moneys which the Corporation shall have paid or become
liable to pay under this policy. Provided always that the Corporation shall not be
entitled to the disclosure of, any record or information in respect of which the
Employer is entitled to claim privilege in a Court of Law under Sections 123 and
124 of the Indian Evidence Act.
3.
Any moneys of any one of the Employed in respect of whom a claim is'
made in the hands of the Employer and any moneys which but for any act of fraud
or dishonesty committed by such one of Employed would have been due to that
Employed from the Employer shall be deducted from the amount otherwise
payable under the policy. Provided that the Employer is entitled under the law to
make such deduction. Provided further that in cases in which the loss to the
Employer is in excess of the maximum amount payable under the Policy, the
moneys aforesaid, will be applied in the first place to make good the amount of
such excess and the balance, if any, shall be deducted as herein provided. The
Employer and the Corporation shall share any other recovery (excluding insurance
and reinsurance and any counter security taken by Corporation) made by either on
account of any loss in the proportions that the amount of the loss borne by each
bears to the total amount of the loss.
4.
Notwithstanding anything herein contained to the contrary it is also agreed
that the Corporation guarantees to the Employer that the Employed shall honestly
and faithfully account to the Employed for all moneys or valuables or property
which they shall receive or be entrusted with on account of the Employer either in
their personal or individual capacity or as member, of group working conjointly
with other members and that the Corporation will make good and reimburse to the
Employer such loss not, exceeding the amount of guarantee as the Employer may
sustain by any act or acts of default or dishonesty negligence of the Employed in
the capacity and employment aforesaid and that when individual liability cannot
be brought home to the Employed the amount to be made good shall be that which
fails to the share of the Employed calculating from the total number of men
forming such group, i.e. the total loss divided by the total number of men
employed on the particular work.
5.
The Corporation also agrees that during the period in which this guarantee
shall be in force the particulars contained in the second schedule shall be with the
consent of Employer and on previous notice to and on payment to the Corporation
of any additional proportionate premium that may become payable in consequence
of any change in the Employed by reason of promotion or otherwise be varied as
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circumstances may require and such additional persons as may be taken into the
employment of the Employer referred to in the schedule hereof during such period
shall consent as aforesaid and, on previous notice to and on payment to the
Corporation of a further proportionate premium at the rate for the time being
applicable be added to and included in the said Schedule expression Employed
used throughout this policy shall as from the respective date on which the names
shall have been included in the said schedule be deemed to include all persons
whether previously named in the schedule or subsequently added thereto as
aforesaid.
6.
If any question or difference shall arise between the parties hereto or their
respective representatives touching these presents or the construction hereof or as
to the right duties of obligations of any person hereunder or as to any other matter
in anyway arising out of or connected with the subject matter of these presents the
same shall be referred to a single arbitrator to be named by the Government of
India. The Arbitrator so named be an officer of Government and shall have all the
powers conferred on arbitrators under the Indian Arbitration Act. The costs of the
reference and award shall be in the discretion of the arbitrator. The making of an
award in such reference shall be a condition precedent to any liability of the
Corporation or any right of action against the Corporation in respect of such
difference. If the Corporation shall disclaim liability for any claim here under and
such claim shall not be within twelve calendar months from the date of such
disclaimer have been referred to arbitration under the provision herein contained
then the claim shall for all purposes be deemed to have been abandoned and shall
not thereafter be recoverable hereunder.
LIFE INSURANCE CORPORATION OF INDIA CREST
(Established under the Life Insurance Corporation Act, 1956)
FIDELITY GUARANTEE POLICY
Policy No........
In CONSIDERATION OF the first premium shown in the First Schedule
and subject of the terms and conditions contained herein or endorsed hereon which
are to be deemed conditions precedent to any liability on the part ,of the Life
Insurance Corporation of India (hereinafter called the "Corporation") so far as they
relate to anything to be done or complied with by the Employer, the Corporation
binds itself to make good and reimburse to the Employer all such direct pecuniary
loss not exceeding the amount of guarantee as the Employer shall sustain by any
act or acts of dishonesty, default or negligence committed by any of the Employed
(a) during the currency of this insurance and (b) during the uninterrupted
continuance of employment of such employed and (c) in connection with his
occupation and duties AND DISCOVERED during the currency of this insurance
or within a reasonable time thereafter or within twelve months after determination
of such employment whichever event shall first happen.
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Name
Business
Address
The Employed:
The amount of Guarantee Rs.
Occupation and duties:
The first premium
The renewal dated ........ the ....... Day of ..... ............ in each year.
The currency of this insurance : The period or periods from the dates written
against the respective names of the Employed to the then next renewal date and
any year thereafter in respect of which the Corporation shall agree to accept
Employer and Employed shall pay the annual premium specified in the Second
Schedule hereto.
Period Name
of Risk
Occupation
& duties
Amount of Annual
Guarantee
Premium
Rs.
Rs. P.
Actual
Premium
Rs. P.
From :
To
:
__________________________________________________________________
In witness whereof this Bond has been signed at this ................ day
of .........19........
For the Life Insurance Corporation of India
Prepared by :
P. Divisional Manager
Examined by:
N.B. For your own protection it is incumbent upon you to read your Policy and
its conditions to ascertain that it is made out in accordance with your
intentions.
__________________________________________________________________
CONDITIONS
In this policy the expressions shall bear the respective meanings attached to
them in the First Schedule hereto.
1.
The Corporation shall not be liable to make any payment hereunder if the
nature of the business of the Employer of the duties or conditions of service shall
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be brought home to the employed the amount to be made good shall be_ that
which fails to the share of the Employed calculating from the total number of men
forming such groups, i.e., the total loss divided by the total number of men
employed on the particular work.
5.
The Corporation also agrees that during the period in which this guarantee
shall be in force the particulars contained in the Second Schedule shall be with the
consent of Employer and on previous notice to and on payment to the Corporation
of any additional proportionate premimum that may become payable in
consequence of any change m the Employed by reason of promotion or otherwise
be varied as circumstances may require and such additional persons as may be
taken into the employment of the employer referred to in the Schedule hereof
during such period shall with such consent as aforesaid and on previous notice to
and on payment to the Corporation of a further proportionate premium at the rate
for the time being applicable be added to and included in the said schedule.
Expression Employed used throughout this policy shall as from the respective date
on which the names shall have been included in the said Schedule be deemed to
include all persons whether previously named in the schedule or subsequently
added thereto as aforesaid.
6.
If any question or difference shall arise between the parties hereto or their
respective representatives touching these presents or the construction hereof or as
to the rights, duties or obligations of any persons hereunder or as to any other
matter in any way arising out of or connected with the subject matter of these
presents the same shall be referred to a single arbitrator to be named by the
Government of India. The Arbitrators so named shall be an officer of Government
and shall have all the powers conferred on arbitrators under the Indian Arbitration
Act. The cost of the reference and award shall be in the discretion of the arbitrator.
The making of an award in such reference shall be. a condition precedent to any
liability of the Corporation any right- of action against the Corporation in respect
of such difference. If the Corporation shall disclaim liability for any claim
hereunder and such claim shall now within twelve calendar months ' from
the
date of such disclaimer have been referred to arbitration - under the provision
herein contained then the claim shall for all purposes be deemed to have been
abandoned and shall not thereafter be recoverable hereunder.
LIFE INSURANCE CORPORATION OF INDIA
(Established under the Life Insurance Corporation Act, 1956)
CREST
Fidelity Guarantee Policy (Central Government)
Policy No.
Insured:
Annual Premium:
You are requested to read this policy and its conditions to ascertain that it is
in accordance with our intentions.
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Examined by:
LIFE INSURANCE CORPORATION OF INDIA
CREST
FIDELITY GUARANTEE BOND
Bond No. ................
Name ................
Sum Insured Rs. ................
Premium Rs. ................
Date of Expiry ............
__________________________________________________________________
N.B.: For your own protection it is incumbent upon you to read your Policy
to ascertain that it is made out in accordance with your intentions.
CHAPTER-X CONTRACTS
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Explanatory notes
Note 1-These rules do not apply to M.E.S. contracts.
Note 2-The term "Administrative authorities" includes Commandants/Chief
Ordnance Officers/Officers Commanding, Superintendents of factories, Remount
Officers of areas, Officers Commanding, remount depots, Commandant Equine
Breeding Studs and Officers Commanding, Armed Forces Medical Store Depot.
Note 3-The principles and instructions enunciated in this section apply to the Navy
and also to the Air Force except where they are at variance with the special
Instructions contained in IAP. 1501.
GENERAL PRINCIPLES
231. For instructions and guidance in the making of contracts and in t e principles
to be observed in dealing with contractors, officers are referred to the "Manual for
the guidance of officers to the S. and T. Corps in their relations with contractors"
and "A Guide to ASC contracts-1952". The following general principles, however,
have been laid for the guidance of authorities, which have to enter into contracts or
agreements involving expenditure from Public Funds:
(i)
The terms of a contract must be precise and definite and there must be
no room for ambiguity or misconstruction therein.
(ii) As far as possible, legal and financial advice should to, taken in the
drafting of contracts and before they are finally entered into.
(iii) Standard forms of contracts should be adopted, wherever possible, the
terms to be subject to adequate prior scrutiny.
(iv) The terms of a contract once entered into should, not be materially
varied without the previous consent of the authority competent to enter into
the contract as so varied.
(v) No contract involving an uncertain or indefinite liability or any,
condition of an unusual character should be entered into without the
previous consent of the competent financial authority.
(vi) Whenever practicable and advantageous, contracts should be placed
only after tenders have been openly invited, and in cases where the lowest
tender is not accepted, reasons should be recorded.
(vii) In selecting the tender to be accepted the financial status of the
individuals and firms tendering must be taken into consideration in addition
to all other relevant factors.
(viii) Even; in cases where a formal written contract is not made, no order
for supplies, etc., should be placed without at least a written agreement as to
the price.
(ix) Provision must be made in contracts for safeguarding Government
property entrusted to contractor.
232. Supplies and services required to carry on the public business will be
obtained ordinarily by contract on the authorised tender forms, but can also be
obtained as follows
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
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(v)
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237. Before advertising for tenders the administrative authority concerned will
draw up a careful estimate of the probable amount of supplies for which he wants
to contract, with reference to past and future requirements. This estimate will be
prepared from the forms (IAFZ-2131) in use in the several departments showing
the amounts of supplies made by contract, purchase, or issue from stock, or on the
annual demands. These records also enable the executive officer to watch the
supplies under each contract, and to execute a fresh one, if rates are favourable at
that time, to take effect as soon as the probable requirements under the existing
contract have been delivered.
ADVERTISEMENTS
238. The advertisement calling for tenders for a contract should be published by
any or all of the following methods with reference to the importance of the
contract and the nature of the supplies:
(i)
By advertisement in the Government Gazette, the Indian Trade
Journal and local papers, English and Hindustani;, and in the case of
very important contracts, in the papers of other states.
(ii) By notice on IAFZ-2137, which should be forwarded to the civil
authorities to be pasted in public places and circulated to likely
tenderers.
Advertisements for tenders and calls for tenders must be issued sufficiently
previous to the date on which the tenders will be opened as will give would be
tenderers reasonable time to frame and submit their tenders. This should not
exceed six weeks: Tenders should be opened on a date sufficiently previous to the
date on which the contract is to come into force as will enable the successful
tenderers to make adequate arrangements in time for carrying out the contract. The
period between the issue of the advertisement or call for tenders and the date from
which the contract will come into force, may be as much as six months ahead for
very important contracts, and normally not less than three months.
In the case of Remount Units, tenders for supplies and services required by
depots, areas and Equine Breeding Studs will be notified by the circulation of
notice on IAFZ-2137 to contractors on the approved list of the Remount Units.
In such advertisement, it will suffice to state in general terms the articles for
which tenders are invited, and refer tenderers for further particulars to the officer
signing the advertisement, who will supply likely tenderers with tender forms on
demand by charging the prescribed fee, where levied. .
When the demand for any particular -supply is very large, a separate
advertisement should be issued therefor, and tenders for the whole or for any fixed
portion may be called.
Note-Notices for calling for tenders for ASC local contracts will be
published In the Government Gazette or advertised in local papers only when so
considered necessary by Commanders competent to sanction such contracts. In
cases where call for tenders are not advertised in papers, advertisements should,
however, be Inserted periodically in local news papers on Command/Area basis
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(d)
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Note-Clauses (ii) and (iii) are not applicable to contracts relating to medical
store depots and Ordnance depots.
The Officer concerned will enter his recommendations (and the reasons for
the same) in the comparative statement of tenders and send it at once with a?1
necessary attachments and all tenders irrespective of the nature, value or period of
the proposed contracts, including those of which he recommends acceptance, to
the Controller of Defence Accounts concerned for scrutiny in his capacity as
financial adviser before being submitted to the competent sanctioning authority.
Note 1. In the case of Ordnance Depots tenders should be sent, wherever
possible, to CsD.A. for scrutiny In those cases only where tenders, ,other than the
lowest are proposed to be accepted.
Note 2-In the case of Navy, tenders for local' petty contracts need not be
referred to the Controller of Defence Accounts (Navy) for pre-scrutiny, before
these are accepted, subject to the following conditions.
(a) The contract value is not more than Rs. 10,000.
(b) The period of contract is not for more than twelve months.
(c) Tenders other than those most favourable to Government, If proposed
for acceptance, will be referred to Controller of Defence Accounts
(Navy) for pre-scrutiny, wherever possible.
(d) Local contracts, the framing, and stipulations of which may lead to
audit objections including charter parties, supplementary contracts,
contracts in substitution of broken contract and contracts in extension
of existing contracts, will be referred to CDA(Navy) for pre-scrutiny.
If the sanctioning authority does not accept the opinion of his financial
adviser, his reasons for not doing so will be recorded on the comparative statement
of tenders.
In the case of the Farms Directorate the comparative statement will be
submitted to the D.F.A. Ministry of Defence (Finance), instead of the Controller of
Defence Accounts.
A tender for assorted supplies may be accepted in whole or in part, the
object being to prevent a high rate being tendered for articles for which there is a
large demand and a low rate for those of which but small quantities are required.
Note-In addition to the scrutiny over tenders prescribed by this rule, audit
officers have powers to examine contracts and to bring .to the notice of the
Controller General of Defence Accounts for the Information of the Public
Accounts Committee and cases where competitive tenders have not been sought,
or where high tenders have been accepted or where other Irregularities in
procedure have come to light.
ERRORS IN TENDERS
241. Any tender which does not fulfil the conditions stated in the tender form of
notice to contractors may be rejected, but trivial errors such as (a) omission to enter the rates in words ;
(b) omission to initial any alteration in rates ;
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CHAPTER XI
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270 and will also record the reasons which in his opinion justify the grant of the
extra remuneration. The amount of an honorarium or fee shall be fixed with due
regard to the value of the service in return for which it is given. Temporary
increases in work due to the holding of special conferences under the auspices of a
department or subordinate authority or of inter-departmental committees are
normal incidents of Government service and form part of the legitimate duties of
Government servants. Those so employed have, therefore, no claim to extra
remuneration.
Honorarium at the following rates may be paid to Government servants for
contribution of articles to Government publications:
(i)
For contribution of articles as a
No honorarium.
part of the normal duties and
responsibilities
attached
to
Government Servants post.
(ii) For contribution of articles on (i) No honorarium, if the article is
subject matters with which the
contributed by a Govt. servant
Govt. servant is Officially
to a publication brought out by
concerned but not falling within
his Ministry or its attached
the scope of item (iii) (B) below,
and
provided it is not a part of the
subordinate offices.
normal duties and responsibilities
attached to his Cost.
(ii) Honorarium at the rate of Rs.
10/- and in exceptional cases
upto Rs. 25/- per article
contributed by a Govt. servant
to a publication brought out by
a Ministry or its attached and
subordinate office other than
the Ministry or its attached and
subordinate offices in which he
is working.
(iii) (A) For contribution of articles
Honorarium at the same rates
on, subject matters with which
and as payable to non-official
the Govt. servant is not officially
contributors
concerned,
and
(B) For contribution of a. literary,
artistic or scientific character to
any Govt, agency provided it is
not a part of the normal duties
and responsibilities attached to
his post.
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Note : The term "work" used in (b) above means only the time spent on the
hearing of the case and does not Include that spent on reading of the case papers or
studying the case.
In either of the above, two cases, when any costs on account of arbitration
are awarded against a private party, the entire amount on recovery by the
Department concerned, shall be credited to Government and shall not be paid to
the arbitrator.
A Government servant may, with the prior permission of the competent
authority as required under this rule, accept the appointment as an arbitrator in a
dispute between private parties. At the time of giving such permission, the
competent authority shall decide whether consistently with his official duties,, he
may undertake the arbitration work and also whether' he may accept any fee for it
from the parties to the dispute. This fee shall be subject to the provisions of this
rule.
(f)
Unless the Government of India by special order otherwise directs,
one third of any fee, including a fee received by a Government servant for giving
expert evidence before a court of law, in excess of Rs. 400 or, if a recurring lee, of
Rs. 250 in one financial year, paid to a Government servant for work undertaken
by him for a private or public body or for a private person shall be credited to
General Revenues. In other words, if any, fee exceeds Rs. 400 non-recurring, or
Rs. 250 in a financial year recurring, one-third of the total amount payable will be
credited to general revenues, provided that the amount retained by the Government
servant concerned will riot, merely owing to the operation of this rule be reduced
below Rs. 400 if non- recurring or Rs. 250 a year if recurring: Non-recurring and
recurring fee, should be dealt with separately and should not be added, for the
purpose of crediting one-third to General Revenues under this- rule. In the case of
the former the limit of Rs. 400 prescribed in this rule should be applied in each
individual case, and In the case of the latter, the limit should be applied with
reference to the total recurring fees for the financial year.
This rule does not apply to fees received by Government servants from a
regimental fund or from a University, or other examining body in return for their
services as examiners, to fees of any kind received-by medical and veterinary
-officers employed in Defence Services or to payments for services of a social
nature rendered to a club or similar organisation of the Government Servant's
fellow employees as distinct from services rendered on a commercial basis to a
private individual or, corporation.
This rule does not also apply to fees received by the writing of reports or
studies on selected subjects for international bodies like the United Nations
Organisation, UNESCO, etc. and literary contributions to both Indian and Foreign
magazines if this is done unaided by knowledge acquired in the course of
Government service.
This rule should not, however, be applied to the income derived by a
Government servant from the sale or royalties of a book written by him with the
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aid of knowledge acquired by him through his literary, cultural and artistic efforts,
during the course of his service, provided the book is not a were compilation of
Government Rules, Regulations or Procedures, but reveals author's scholarly study
of the subject. This relaxation is not automatic but will be made under Government
orders in each case. For this purpose a certificate to .the above effect will be
furnished by the competent authority while recommending relaxation. This rule
-will not also apply to the income derived by a Government servant from
exploitation of a- patent for an invention taken out by him with the permission of
the competent authority.
Fees in respect of Government servants attending meetings or for doing
other work in connection with the affairs of statutory organisations corporate
bodies, industrial and commercial undertakings (not departmentally run) will be
recoverable only if these are not wholly owned by the Central Government but in
which Central Government funds are invested, or which are financed partly by
such funds, The case of Semi-Government/Non-Government Institutions receiving
grants from the Central Government will be examined on merits' and Government
orders obtained. No fees or other remuneration should be directly accepted by
Government servants unless they are specially permitted to receive such fees under
this rule.
Payments received by a Government servant in the form of travelling,
conveyance, daily and subsistence allowances from a source other than the
consolidated Fund of India or the consolidated Fund of a State, are to be treated as
fee and are normally subject to deduction under this rule. The competent authority
concerned mentioned in clause (j) below, may exempt the above all allowances
from the purview of this rule if it is satisfied that the amounts received by the
Government servant concerned are not a source of profit to him.
The authority competent to sanction the acceptance by a Government
servant of any fee whether recurring or non-recurring shall report the matter to the
audit offices concerned and realise the, Government share, if any.
(g) Subject to the provisions of clause (f). above, when a fee is paid for
work done by a Government servant during such time as would otherwise be spent
in the performance of official duties, the fee shall be credited to general revenues,
provided that a competent authority for special reasons, which shall be recorded,
may direct that whole or any part of it may be paid to the Government servant.
(h) When a Government servant of an educational service is permitted to
receive fees for private tuition, the financial limits of the powers of sanction
accorded to a competent authority will be considered to apply to the total amount
of fee to be accepted by such Government servant during any particular scholastic
term or vacation.
(j) (i) The authorities specified below will be viewed as competent
authorities for the purpose of exercising powers under this rule excluding those
employed in the Defence Accounts. Department , for whom the Controller General
of Defence Accounts is the competent authority. These authorities will have the
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Competent Authority
COAS/VCOAS
GOC-in-C
Corps/Div/Area/Independent
Sub-Area Commanders.
DGAFMS
Director NCC.
Personnel Covered
All Service Personnel serving in the
COAS/VCOAS Secretariat.
All Service Personnel under their control.
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(iv)
Competent Authority
GOC-in-C
Corps/Oiv/Area/Indep.
Sub-Area Commanders.
D.G.O.F.
Personnel Covered
All civilians serving under their control.
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(v)
Director N.C.C.
(vi)
DGDE
control.]
All civilians serving in the lower
formations under him.
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Note 2-Thei Director General of inspection, will exercise the power of the
competent authority in addition to the powers vested in him under clause 0) above
to permit Government servants appointed directly by the Govt. of India, employed
in Defence Inspection Establishments to accept fees from University or other
examining bodies in return for their services as examiners/paper-setters.
All other cases not covered by the above paras shall be referred for the
orders of the Government of India.
REWARDS TO INDIVIDUALS FOR EFFECTING ECONOMIES IN
FACTORIES
272. The Director General of Ordnance Factories may, within the annual grant of
Rs. 2,000 placed at his disposal for the purpose, sanction reward to employees for
effecting economies in manufacture in ordnance and clothing factories.
273 to 275 Blank.
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and 2 Air Force Academies for the units/stations under their control. In the case of
other units, under the direct control of Air Headquarters and also if the scale once
so approved requires revision, the scale recommended by the Station Boards will
be referred to Air Headquarters for approval. The period of hot weather will be
decided by the formations in consultation with the local IAF medical authorities.
As far as possible it 'should correspond with the period sanctioned for Army
formations in the same locality. The period will be notified in the Unit Routine
Orders.
SUPPLY OF LOCKS FOR USE IN GOVERNMENT OFFICES
281. The purchase of locks will be governed by the rules for the supply of
articles for the Public Service (see Rule 128). As a general rule locks
manufactured in India should be purchased in accordance with the Stores Purchase
Rules (see Rule 128 and Appendix IV to Vol. II of these Regulations.)
In exceptional cases, imported locks may for the present he used. As the
requirements of individual officers in respect of imported locks are usually small
and the cost 135rifling, such locks should ordinarily be purchased locally under
preference "Thirdly" in the preamble to the Stores Purchase Rules.
POSTAL CHARGES
282. (a) Payments for postal commission on money orders and value payable
parcels and fees on account of window deliveries, post bags and post boxes can be
passed as ordinary contingent charges unless, in any case, the head of the account
office considers it necessary to require the sanction of a higher authority.
(b) No charges shall be entered in any contingent hill for any postage stamps
other than service postage stamps and ordinary postage stamps affixed to the post
card (Form DMS-73) which is issued to patients by local military anti-rabic
treatment centres on completion of treatment.
(c) Service postage stamps and post cards will be obtained as required on
indent (IAFZ-2094) from the nearest Treasury Officer/Superintendent of Stamps
and a detailed account of their expenditure will be kept in IAFZ-2007 which will
be balanced and signed monthly, where it is not convenient to obtain' service
stamps -from the above sources because of shortage/non-availability of service
stamps there, units and formation may obtain the same from General Post
Offices/Head Post Offices/State Bank of India. All Units and Formations are
permitted to hold stock of Service Labels upto their requirements for three months.
It should be ensured, that unduly large stock of Service Labels -are not, however,
held towards the end of a financial year. Cheque for the value of service stamps
etc., required will be obtained by the officer concerned on IAFA 115 from the
Controller of Defence Accounts who will draw it in favour of the Treasury Officer
or as the case may be and send it to the requisitioning Officer for presentation to
the Treasury or as the case may be with IAFZ-2094. lo the case of Air Force,
payments for cost of service postage stamps will be made 0 the treasury officer in
cash or by cheque, from the Unit Public Fund Account by the Accountant Officer.
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(d) Whenever the cost of an establishment is divided between two heads, the
charge for service postage stamps may be divided in the same proportion.
PAYMENT OF BEARING COVERS AND RECOVERY OF POSTAGE
283. Bearing service covers cannot be refused. The postage must be -paid and
recovered on a contingent bill.
TELEGRAM CHARGES
284. Service postage stamps only shall be used in payment of telegrams
despatched on public service, whether sent from Government or railway telegraph
offices.
If any officer is compelled to send a telegram at a time when he is
temporarily without service stamps he should pay for it in cash and the receipt
granted, to him will then state the value of the telegram but will not bear on it the
word "state". The value of such telegrams as are paid for in cash, may
subsequently be recovered from Government, a certified signed by the 'head of the
office that the telegram was sent on state service and that cash payment was
unavoidable, being attached to the voucher concerned.
Books of telegram forms required for official use will be obtained on
payment from the Telegraph Department.
RENT OF TELEPHONES
285. Rent of telephones used by Defence Services will be settled by cash
payments by the Defence Accounts Department.
PROTECTIVE CLOTHINGS TO CLASS IV CIVILIAN EMPLOYEES
286. For general rules regulating the grant of Protective Clothing to Class IV
Civilian Employees see Appendix VI to Vol. II of these Regulations.
SOAP, TOWEL AND TOILET PAPERS
287. Soap, towel and toilet paper required by officers for use in-offices are
chargeable to office allowance/grant for unit Allowances and other Miscellaneous
Expenses. In the case of the IN and the Air Force these are treated as contingent
expenditure.
MUNICIPAL/CANTONMENTTAXES,
288. (A) A person subject to the Army Act, 1950 (Act XLVI . of 1950)/the Navy
Act 1957/the Air Force Act, 1950, who is compelled 'by the exigencies of
Army/Navy/Air Force duty to reside within the limits of a municipality or a
cantonment, is exempted from the taxes of the following kind:
(i) Municipal or cantonment taxes on salaries.
(ii) Municipal or cantonment taxes on professions, trades, callings, offices
or appointments.
(iii) Municipal or cantonment taxes on animals or vehicles in respect of :
(a) any animal which such person is required by the regulations of the
service to which he belongs, to keep; and
(b) any vehicle which such person is permitted to keep in lieu of any
animal which the said regulations would require him to keep.,
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(i)
Army Commands
Southern Command
Eastern Command
Western Command
(ii)
(iii)
Air Commands
Western Command
Central Command
Eastern Command
Training Command
Maintenance Command
South Western Air Command
Naval Commands
Western Command
Eastern Command
Southern Command
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CHAPTER-XIII
CHEQUES-GENERAL RULES
300: The following general rules affecting cheques are prescribed:
(i)
Cheques are payable at any time within three months after the
month of issue,
If the currency of a cheque should expire owing to its not being presented at
the treasury within the period specified above, it may be received back by
the drawer who should then destroy it and issue a new cheque in lieu of it.
In the event of non-return of the time barred cheque to the drawer, the
drawer should on the expiry of prescribed period of three months after the
month of issue of the cheque require the payee either to return the cheque or
explain the causes for its non return. If as a result of this enquiry the
cheque is reported as lost, the Treasury Officer/Bank drawn on should be
required to furnish a nonpayment certificate/Stop order as laid down in
clause (x) below.
(ii) The amount of all Defence Services cheques should be expressed in figures
and words (in words for the amount of rupees only). Unless it is
inconvenient to the payee [see sub-clause (iii) below], all cheques` should
be crossed; crossing being done by adding the words 'A/C payee only' to the
general crossing '& Co.' No advice of the issue of any cheque need be sent
to the bank/treasury. The cheques, the amounts of which are payable to
Officers of the Government to enable them to make disbursement of Pay
and Allowances of non-gazetted staff, contingent expenditure etc., on behalf
of Government should not be crossed, but should bear the superscription
"not transferable" and should be issued in favour of the Government Officer
concerned, by designation, the word "only" being added after the
designation of the payee officer on the cheque.
EXCEPTION- Cheques preferable at d treasury for payment are non-negotiable
instruments and should not, therefore, be crossed. Such cheques of Rs.
2,500 or over will, if sent by post, be registered:
(iii) Cheques drawn in payment of personal claims of an individual (whether
Government servant or not), a firm or a company, a statutory body etc., shall
be issued invariably with the addition of the words "0r order" after the name
of the payee on the cheque. Such cheques if drawn on an office of the
Reserve Bank of India or any of its agencies other than a treasury agency,
shall be crossed with the words " ............... and Co" between the crossing
unless the payee specifically asks for an open cheque at his, own risk in
which case they need not be crossed. Open Cheques for Rs. 2,500 or over in
favour of Government servant will, if sent by post, be registered. Open
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no authority for drawing cash from the Bank or Treasury. The posting and
completion of ledger accounts should, however; be carried out on the authority of
the intimation slip received from the Defence Accounts Department. The
intimation slips for cheques marked as not payable before a certain date will also
bear the same endorsement. Posting of such intimation slips will not be carried out
in the ledger account until the dates on which the cheques become payable.
When claims are submitted to Controllers' of Defence Accounts for cheques
to be issued which have merely to be passed on to the creditors, the memorandum
forwarding the claim should clearly indicate-"Forwarded cheques direct to. . . . . . .
. . . . . ." The Controller of Defence Accounts will then forward the cheque direct
of the firm or person whose bill is to be settled and intimate to the unit or
formation that this has been done.
In the case of units and formations mentioned above, which are located in a
station where there is, no local branch of the Reserve or the State Bank of India or
a civil treasury, the above rule would not apply and cheque should, therefore, be
sent to them direct.
(v) All payments must be made by cheque with the following exceptions:
(a) local payments for less than Rs.10 and outstation payments of less
than Re. 1 value in each case should be made in cash;
(b) all bills for petty works or supplies on Government military farms up to
a limit of Rs. 25 may be paid in cash and not by cheque at such farms as
may be approved by the Director of Military Farms;
(c) in the case of military farms, payment in excess of Rs. 25 may be made
in cash instead of by cheque for the purchase of fodder, dairy produce or
stores, cattle, etc., from the local petty dealers, or from villages situated at
considerable distances from farm headquarters and when it is not possible to
issue a cheque for such purchases; the DDMF concerned being the deciding
authority as to whether payment should be made by cheque or cash;
(d) in the case of Remount Services of the Remounts and Veterinary Corps,
local payments for the purchase of animals may be made in cash at the
option of the purchasing officer.
(vi) Cheque books must be kept under lock and key in the personal custody of
the drawing officer, who, when relieved, will take -a receipt for the number
of blank cheques made over to the relieving officer, a specimen of whose
signature should be forwarded to the treasury officer/Bank concerned by the
relieved officer.
The loss of a cheque book or blank cheque form should be notified promptly
to the treasury officer/Bank with whom the disbursing officer concerned
has a drawing account.
(vii) Every Officer should notify to the treasury/bank upon which he draws the
number of each cheque book which from time to time he brings into use and
the number of cheques it contains.
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(viii) When an officer sends a cheque (or Bank draft or Military Treasure
Remittance) to a treasury/Bank not for cash payment, but to be credited in
the treasury/Bank accounts, he must endorse it as follows: "Place the amount to credit of Government"- Defence receipts.
(ix) Cheque drawn on the State Bank of India or any of its branches should be
addressed to the Bank itself and not to any officer the of, e.g., State Bank of
India, Calcutta.
(x) If a disbursing officer is informed that a cheque drawn by him has been lost,
he wilt take the following action in regard to-lost cheque:(a) In the case of cheques drawn on non-bank treasuries he will address
the treasury officer drawn on and forward the following certificate for
completion and return:
"Certified that Cheque No. . . . . . . . . . .date. . . . . . . . . . . . .for Rs.. . . . . . . . .
reported by the . . . . . .to. . . . . . . . . . . . . . . . . . .have been drawn by him on
his treasury in favour of. . . . . . . . . . .has not been paid, and will not paid if
presented hereafter"
Treasury
The 19
Treasury Officer If the cheque has not been cashed, the treasury
officer will sign and return the certificate, and the disbursing officer will then
cancel the original cheque and a fresh cheque may be issued.
(b) In, the ease of cheques drawn on Banks, he will(1) Address a letter in the form given in Appendix - VII of Vol. II of
these Regulations, to the officer of the bank concerned by registered post
acknowledgement due.
(2) On receipt of written confirmation from the bank of having- recorded
the "Stop Order" a copy of the communication of the Bank, containing the
date, place, and the name of the Bank will be sent to the Accounts Section
of the Controller of Defence Accounts concerned. Accounts Section of the
C.D.A.'s Office after searching the list of paid cheques, that the payment of
the lost cheques has not been made between the date of its issue and date of
issue of acknowledgement of "Stop Order" by the Bank, will send a
certificate of non-payment to the disbursing officer.
(3) The party requesting for a fresh cheque in lieu of the lost one will be
asked to execute an Indemnity Bond in the form given in Appendix VII of
Vol. II of these Regulations.
Note 1-(i) The Indemnity Bond will be signed by the actual payee and witnessed
by the executive authorities.
(ii) The. Indemnity Bond duly signed and witnessed as above will be
accepted by Officers of Defence Accounts Department mentioned at Item IV of
Part VI (D) of General Statutory Rules 585 of Feb. 66.
Note 2-Indernnlty Bond will not be necessary in the case of Government
departments and Scheduled Banks, but a certificate that It has not received the
cheque alleged to have been lost or having received it has been lost "but that- it
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will be returned to the drawer, if found later, will be obtained before a fresh
cheque is issued.
On completion of requirements, at (b) (1), (2) and (3) above, the drawing
officer may issue a fresh cheque in lieu of the lost 'one under intimation to the
drawee office concerned of the Bank.
(xi) Alterations in cheques should be attested by the full signature of the
drawing officer and not by initials only.
301. Cheques drawn on an office of the Reserve Bank or on any o its agencies
including a treasury agency should always be crossed and the words "For Credit to
Govt. Account Not Payable in Cash" written between the lines.
Exception.- Cheques preferable at a treasury for payment are, however,
non-negotiable instruments and should not be crossed.
302. If a cheque is issued by Government in payment of any sum due by
Government, and that cheque is honored on presentation to Government's bankers,
payment shall be deemed to be made:(a) if the cheque is handed over to the payee or his authorised messenger, on the
date it is so handed over, or
(b) if it is posted to the payee on the date when the cover containing it is put
into the post.
Note.-Cheques marked as not payable before a certain date should not be
charged to the accounts until the date on which they become payable. The rule
applies mutatis mutandis to a cheque in payment of Government dues or in
settlement of other transactions received and accepted in accordance with the
provision of Rule 8.
BANK DRAFTS AND MILITARY TREASURE REMITTANCES
303. Disbursing officers of the Defence Accounts Department in India are
authorised to issue cheques on any Government treasury -or sub-treasury in India.
Other disbursing officers of defence services desiring to remit money to stations in
India where they have no assignment will obtain Reserve Bank or State Bank of
India, Bank Drafts or Military Treasure Remittances, as the case may be, from the
nearest Treasury or branch of the Reserve Bank or State Bank of India, in
accordance with the instructions contained in Part XII of the Treasury Rules.
304. Remittance by Government drafts or MTRs is subject to the following
conditions: (i)
Drafts of MTRs will be issued for a minimum amount of Rs. 25 except in
special circumstances, such as remittances of sepoys, sailors and airmen
subject to Army Act, 1950/ Navy Act, 1957/Air Force Act, 1950, and of
enrolled non-combatants mentioned in RAT Rule 203 holding rank below
that of a naik or corresponding rank in the Navy/Air Force or for the
remittance of the surplus of the estates of deceased persons and of the
property of deserters, subject to the Army Act, 1950/Navy Act, 1957/Air,
Force Act, 1950. The limit of Government draft/MTR obtainable for private
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(ii)
(iii)
(iv)
(v)
(vi)
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(i)
The person concerned shall see that every cheque or Bank draft is
entered in the Cash Book immediately after receipt. He shall initial
the entry in the cash book before he endorses the cheque or Bank
draft for realization.
(ii) He shall also obtain the initials of the cashier in the cash book in
token of the latter having received the cheque or Bank draft for
realization, before handing over the endorsed cheque or bank draft to
the cashier.
PARTICULAR CONTROLLER OF DEFENCE ACCOUNTS TO BE
NOTED ON CHEQUES OR OTHER DOCUMENTS
308. In order to ensure that no inconvenience is caused to civil account officers
in determining the particular Controller of Defence Accounts against whom debits
should be raised for sums paid by civil treasuries or banks on account of Defence
Services transactions, each officer who draws money be issuing a cheque, Bank
draft or payment older (Bank drafts obtained. in lieu of cash or cheque excepted),
as a Defence Services disbursement, shall state on the cheque or other document
the particular Controller of Defence Accounts against whom the amounts should
be debited, special care being taken to indicate the correct allocation.
MODE OF REMITTANCE OF PUBLIC MONEY TO OTHER STATIONS
AND MAINTENANCE OF BANK DRAFTS AND MONEY ORDER
REGISTERS
309. (i) In all cases in which officers commanding units and formations are
required to remit public money (deferred pay. and gratuities excepted) to another
station they shall either ask the Controller of Defence Accounts to issue a cheque
or they shall themselves issue cheques if they have assignments for this purpose at
those stations provided that the amounts are due to private persons or the
Government officers. It however, this is not the case, they shall remit the money
by means of a postal money order if the amount is less than Rs. 25 recovering the
money order commission from the dues of the payees, if free remittance is not
authorised. But, if the amount involved is Rs. 25 or more they shall obtain a Bank
draft from the local Treasury/Bank in India. In the case of remittances of sepoys,
sailors and airmen subject to the Army Act, 1950/Navy Act, 1957/Air Force Act,
1950, and enrolled non-combatants mentioned in RAI Rule 203, holding a rank
below that of a naik or corresponding rank in the Navy/Air force, or remittances of
the surplus of the estates of deceased persons and of the property of deserters
subject to the Army Act, 1950/Navy Act, 1957/Air Force Act, 1950, however,
Bank drafts shall be used, if practicable, irrespective of the sum involved. In
exceptional circumstances (e.g., if ill-health, or the distance of his home from the
nearest treasury, renders it impracticable for a man to go to the treasury) the pay,
deferred pay, gratuity and other credit balances due to JCOs and men on leave
pending retirement/discharge, may, at the discretion of the commanding officer, if
the remittee so desires and if he undertakes the risk of loss involved, be sent to him
by postal money order, the charge for the money order commission being borne by
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TRANSFER OF ASSIGNMENT
313. A disbursing officer may arrange, in communication with the Controller of
Defence Accounts for the transfer of his assignment, or any portion thereof, from
one treasury or the bank to another.
CASH ASSIGNMENTS-HOW OBTAINED AND DRAWN AGAINST
314. Every disbursing officer is required to furnish to the Controller of Defence
Accounts, by the first January in each year, with an estimate (IAFA-213) of his
cash requirements for the ensuing year, stowing the amount necessary for each
month and the Treasury or the Bank at which the assignments are required. He will
draw against the sum assigned to him exclusively by cheques for which purpose
separate cheque books for each Treasury or the Bank, to be drawn upon will be
supplied by the Controller of Defence Accounts concerned.
In the case of periodically recurring payments which have to be made at
stations other than that at which a disbursing officer is located, he will arrange for
cash assignments on the Treasuries or the Bank nearest to the stations at which the
payments are to be made. Care must be taken that assignment are-obtained in all
cases where this method is suitable i.e., where the fact of regular payments having
to be made, can be foreseen and provided for.
The drawings of any month added to the sums drawn in previous months of
the same official year must not exceed the amount for which provision has been
made up to that period in the annual of supplementary estimate. Any balance
unpaid on the last day of the' financial year will lapse, except as regards cheques
drawn before but paid after the end of the year, the amounts of which will be taken
against the balance of the assignment of the year in which the cheques, were
drawn.
In the case of Indian Navy, the procedure laid down above applies to
Establishments only. Commanding Officer of all ships 'will be provided by the
Controller of Defence Accounts (Navy) with warrants for money indicating the
limits up to which the amounts can be drawn in any one month. All such warrants
expire on the 31st March of each year, when they should be returned to the
Controller of Defence Accounts (Navy), Bombay for record. For detailed
procedure as to how payments are drawn on these warrants, see Financial
Regulations, part II.
OFFICERS AUTHORISED TO HAVE CASH ASSIGNMENTS
315. Only the under mentioned officers are authorised to have cash assignments
in their favour in the Treasury or Bank, against which they shall operate
exclusively by cheques in the prescribed form to be obtained by them direct - from
the Controller of Defence Accounts concerned. In all other cases payments are
made direct by the Defence Accounts Department: (1) Officers Commanding Remount Depots Commandant Enquine
Breeding Studs and Area Remount Officers.
(2) DDs MF.
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Note:-Emergency Cash Requisition will not be signed by any one except the
Officer commanding, Station or, in the, absence of the permanent. Incumbent, by
the officer carrying out the duties of the officer Commanding, Station not below
the rank of, a Major. It will be the personal responsibility of the Officer sighing the
Emergency Cash Requisition to ensure that the money- is utilized for the purpose
for which it was drawn. Within 48 hours of the drawal of the money he will render
to the authority sanctioning the move a certificate to the effect that the money has
In fact been expended for the authorised purpose.
317 to 3 24 Blank
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CHAPTER-XIV TELEPHONES
ECONOMY IN THE USE OF TELEPHONES
325. Although telephones are recognised as a necessity in the interests of
efficiency, every endeavour shall be made to restrict, expenditure on them to the
minimum.
The criteria mentioned, under Rule 330 (i) should be kept in view for the
purpose of allotment of telephones within a unit/formation/ship/establishment and
for sanctioning new connections.
CONTROLLING/ALLOTTING AND ADMINISTERING AUTHORITIES
IN RESPECT OF TELEPHONES
Functions
326. The Government of India, Ministry of Defence will lay, down the general
policy and scales for the provision of telephones in consultation with the
controlling authority as shown in Rule 327 below This is done in the interest of
uniformity, security, efficiency and economy in provisioning of telephones fall
formations and units Allotting authority will allot telephones in accordance with
the scale laid down from time to time. Where the scales are given as a genera
guide only the allotting authority will allot telephones to meet the actual
requirements only consistent with economy and efficiency. The administering
authority will arrange provision of the telephones through Posts and Telegraphs
Department where necessary and payment of all charges in respect of all the
telephones.
327. Except as provided for in Rule 328 (ii), all Army/Navy/Air Force telephone
connections, trunk telephones and telegraphs circuits including those required for
departmental services and for Army/Navy/Air Headquarters shall be allotted,
controlled and administered by the officers as under : -
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Establishment
All Inter Services
Organisations
and installations in
Commands paid
from Defence
Services
Estimates.
Command
Headquarter
(Army) and all
Units under
Command.
Naval
Headquarters/
Command
Headquarters/
Area
Headquarters/
ships and
establishments
under direct
control of Naval
Headquarters
Formation under
their
administration
control.
Air Headquarters
and all units under
Air Headquarters.
Command
Headquarters (AF)
and all units under
Command.
Controlling
authorities
Chief of the
Army Staff
Allotting
authorities
Chief of the
Army Staff
Administering
authorities
GOs C-inCommands
Chief of the
Army Staff
GOC-in-C
Command
GOC-in-C
Command
Vice Chief of
the Naval
Staff
Vice Chief of
the Naval
Staff
Vice Chief of
the Naval Staff
Flag Officer
Commanding
in-chief
Flag Officer
Commanding
in-chief
Flag Officer
Commanding
in-chief
The Chief of
the Air staff
The Chief of
the Air staff
The Chief of
the Air staff
AOC-in-C
Commands
AOC-in-C
Commands
AOC-in-C
Commands
Remarks
Except that where for
operational or technical
convenience, telephones
for inter. Services
Organisation are
provided off the
exchange of a particular
service, that service will
bear the cost thereof and
the Head of that service
will then be the
Controlling/ Allotting/
administering Authority.
Note-In the case of the telephones for the Army, G.O .C.-In-C Will be the allotting
authority In respect of telephones provided to formation and units under Command
In the following cases: (a) where it- is specified in the scale that it is meant only as a guide and
provision will be made in accordance with the actual requirements.
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(b)
GRANTS OF TELEPHONES
328. (i) Appropriations to meet charges in respect of telephones, trunk telephones
and telegraphs circuits are included in the annual budget estimates under Minor
Head 800-other Expenditure Sub Head B Mise (i) Telephone charges of Major
head 2076-DSArmy, Minor Head 800 (e) of Major Head 2077 Minor Head 800-(f)
of Major Head 2078-Air Force. These are exclusive of the provisions made under
other heads for establishments mentioned in (ii) below. Administering authorities
concerned shall be informed by the Services Headquarters of the amounts
available for expenditure when the final allotments under these heads have been
determined. This appropriation will not be utilised for any purpose other than the
provision of telephones, trunk telephones and telegraphs circuits and other charges
connected with the installation and working of telephones. Similarly, it may not be
supplemented by funds which may be available locally, without prior references to
the Service Headquarters.
(ii) The following table shows controlling, allotting and administering
authorities and how charges under "other heads" sanctioned in (i) above are met:
Establishment
Controlling/
allotting/
Administering
authorities
The Chief of the
Army Staff
Heads under
which cost is
debitable
Do.
Do.
Do.
MinorHead5-(8)
of Major Head
269-Army
Remarks
Minor Head
11-B(a)(8)(a)
No
expenditure
on the item
may be
incurred
unless funds
are available
and that head
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Do.
(a) MES
Offices (i)
other than
ESDs-Minor
Head
11-B(a)(9) (c)
(ii) ESD-Minor
Head 11- (a)
(14) (b)
(b) Power
Houses,
pumping
installations and
work-shops.
Minor Head
10-C(e)
No
expenditure
may be
incurred
unless funds
are available
under that
head.
MinorHead 6-A
(2) (1)
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(f)
Where the same room in office is shared by two or more officers, 'the
provision of an additional main or parallel extension should be
governed by operational or administrative necessity.
(g) A telephone connection for office and more particularly at residence
should be given only if the need for it exists and not because of the
rank and status of the officer concerned.
(h) In sanctioning telephones for residences, the need in the, public
interest, should be clearly established and scrutiny should be far
stricter than for office connections.
(i)
When officers are living in messes or clubs provided with a general
telephone, separate residential telephones will not be installed unless
their installation, in the opinion of the Chief of the Army Staff/Chief
of the Naval Staff/Chief of the Air Staff, is in the interest of the
Service.
(ii) Having allotted telephones on the basis of (i) above, a reserve of 5%
for Service Headquarters and 10% for Commands/lower formations
out of the total authorised in each case should be allowed to each of
the three Services to enable the Controlling/allotting authorities to
meet essential and emergent requirements.
331. The rules regarding procedure for submission of bills for and adjustment of
telephone charges are contained in Financial Regulations, Part II.
332 to 335 blank.
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SECTION III
CHAPTER-XVI RULES PECULIAR TO THE INDIAN NAVY
SUB-SECTION I-GENERAL
351. The provisions of Chapter I to XIV and Appendices I to VII of these
Regulations will, unless otherwise provided for, apply mutatis mutandis to the
Indian Navy. The provisions peculiar to the Indian Navy are, however, given in the
succeeding rules.
SUB-SECTION II-RE-APPROPRIATION
PROVISION FOR RECOVERABLE SERVICES
APPROPRIATED WITHOUT SPECIAL SANCTION
NOT
TO
BE
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for work to be executed in. the Dockyard for a local Government or other
Department the cost of which will be adjusted by book debit and if the expenditure
to be incurred will cause an excess over the gross amount (irrespective of the
deductions made for anticipated recoveries) provided for expenditure in the
estimates of the IN, the Chief of the Naval Staff will ascertain from the
Government or Department preferring the requisition, whether funds have been
provided in its own estimates to meet the cost, and will at once submit to the
Government of India, an application for a special additional naval grant,
explaining that this is the case. The application should be accompanied by a
statement showing the expenditure involved, as also the recoveries anticipated.
Pending receipt of the Government of India decision, the work may be put in hand
provided that the Government or Department making the requisition states that the
cost can be met from the provision in its own estimates.
Note.-Within the sanctioned limits of the provision for works to be executed
in the Dockyard for Local Government and other -department Major Head 2077ijS-Navy Minor Head -104-Civilians (d) Dockyard 3 Industrial Establishment and
Major Head 2077-DS-Navy, Minor Head 110-Stores (a) Naval Stores any work for
such Government may be carried out, whether such was or was not provided for in
the budget provision.
357, and 358 Blank.
SUB-SECTION IV SUPPLIES AT FOREIGN PORTS
LOCAL PURCHASE OF STORES
359. The purchase of stores including oil fuel, coal, etc., in the local market,
except in emergent or special cases, is prohibited. Stores should be obtained as far
as possible, through the Local Representative of the Government of India who will
make payment, for the supplies arranged for by him. Where there is no
Representative of the Government of India, necessary arrangements for supplies
and settlement of bills will be made by Naval Headquarters. Bills for fresh
provisions, however, are to be settled by the ship concerned before finally leaving
a foreign port. Payments for oil fuel at ports where spine arrangements exist for
such supplies being made by contracted firms will not be made either by the
Representative of the Government of India or the C.O of the ship.
LOCAL PURCHASE OF PETTY ARTICLES
360. Local purchase of minor and petty articles may be made in case o
emergency but if it is found that the articles purchased are unnecessary, or m
excess of the established allowance, the officer who ordered the purchase will be
held personally liable for the expenditure incurred.
PRINCIPLE TO BE FOLLOWED IN MAKING LOCAL PURCHASE
361. Officers should always be guided by the general principle of en endeavoring
to save expense to Government, provided efficiency or orders are not interfered
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with. When deciding on local purchase, officers should consider whether the
purchase cannot be deferred until Government stores are available.
362 to 370 Blank.
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(i)
P V Rate as worked out in each case, plus
(ii) 5% departmental charges on (i) above.
Note 1.-When payment issues are to be made to non entitled personnel,
other Ministries of the Central Government, State Governments, Semi
Governments or private bodies the following extra charges are to be levied:2% on (1) and (ii) above to cover packing and other charges for stores despatched
"Freight to Pay", or 5% on (i) and (ii) above, If Intended to cover freight charges
as well.
Note 2.-Payment issue rates will be simplified to the nearest Paisa at the end
of the calculation.
Note 3.-The above basis of working out the payment issue rates may also be
adopted by C.D.A. (N) for pricing of loss statements, etc.
Stores Manufactured in Dockyard or work undertaken in Dockyard
Production cost will consist of: (i)
P V rates for materials used, plus
(ii) Overhead charges at 5% on materials used vide (i) above plus
(iii) Cost of actual labour, plus
(iv) Overhead charges on labour at a percentage determined shopwise by the
C.D.A. (N) in consultation with the C.S.D. Naval Dockyard, Bombay.
Note.-In the case of manufactured articles being stocked for subsequent
Issue as N.S.O. Stocks, for purposes of arriving at payment Issues, the appropriate
overheads, etc., applicable to payment issues for centrally purchased articles will
be added to the production cost.
REVISION OF PRICED VOCABULARY RATES
373. Priced Vocabulary Rates for Naval Stores will be revised from time to time
as charges occur in the subsequent purchases or invoice rates or actual cost of
manufacture or conversion on which they are based and the rates so revised will be
published monthly by DAFA(N) as corrections to the Rate Book for Naval Stores
(India). They are also revised at any time on the representation of the Chief of the
Naval Staff in cases of important variations in market rates etc. 374 to 378 Blank.
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SUB-SECTION VII-
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These amounts are based on the average cost of the necessary repairs and
are subject to variations which will be communicated in Navy Orders from time to
time.
The actual cost of repair, adjustment, etc., will be charged in respect of
chests with combination locks.
(f) (i) When damage done to Barrack building is chargeable to private
individuals, the amount chargeable 'will not be assessed, but the full cost of the
repairs will be claimed from the person responsible for the damage.
(ii) When stores arc damaged by neglect or misconduct the amount to be
charged for such damage will be assessed in the same manner as herein directed
with regard to the stores lost, and with reference also to the amount of damage
done.
(3) Recovery from carrying companies
The following rates are to be adopted for preferring claims against the carrying
companies on account of stores lost: (a) During transit between the supplier and the indenting depot.
(i)
Imported stores
Latest invoice rate (inclusive of actual sea freight; etc plus customs duty if
actually paid.
(ii) Indigenous stores
Average purchase price (latest A/T rate) plus 1% purchasing and inspection
charges, plus freight charges, if any paid for transportation from the source of
supply to the indenting depot.
(b) During transit between one de of to another depot.
(i)
(ii)
Imported Stores
Indigenous Stores
Note :-However 5% departmental charges will not be added to the P.V. Rate
in respect of claims for losses in transit preferred of railways.
380. to 386 Blank.
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SUB-SECTION X-MISCELLANEOUS
NAVAL DOCKYARD ACCOUNTS
402. Instructions regarding the Dockyard Accounts are laid down in "Naval
Dockyard Cost Accounting Instructions".
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First fitting
Boats
Articles
requiring
repair
Profes
sional
value
see
rule
405
below
After repair
Furniture
which
had been
in use on
percenta
ge
Professio
nal value
All
other
store
s
(Gen
eral
Rate)
6/10
First fitting
Boats
See
Rule
405
below
Mooring
Anchors
Gear
chain
cables &
gear (see
note)
Full rate book price
Furniture
which had
been in use
on
percentage
Estimated
value
before
repair plus
estimated
cost of
repair
Note: - Chain Cables and gear other than first fitting is to be dealt with under
General Rate.
405. Boats not -in a serviceable condition, are to be classed as follows: Boats for sea service, requiringSlight repair- Such as are considered to be generally in good condition and not
materially reduced in value from age, and can be repaired for sea service at a cost
of not more than a 1/4th of the rate for new boats of the same description.
Large repair- Such as, on account of being defective from age, or having large
defects from other causes, will require an expenditure of more than a 1/4th of the
value of new boats of the same description to put them into a serviceable
condition.
Boats for Harbour service Repairable- Boats which would require an expenditure of more than the value,
of new boats of the same description to make them fit for sea service.
All other boats are to be set apart for sale.
The value of boats before and after repair and the cost of repair will be follows: ____________________________________________________________________________________________________________________
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All
other
stores
Full
rate
book
price
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Value before
repair
Cost of repair
(Professional
estimate)
As new
8/10
1/2
406. In the valuation of sheets, pillow cases, towels, mattresses, pillows, blankets
and similar naval stores after washing, discretions is to be exercised by the
Surveying Officers to assess the articles as "Serviceable after washing" at full Rate
Book Value or "Serviceable worn after washing" at 6/10th the Rate Book Value.
407. Rules 405 and 406 above are also applicable for valuation of stores issued
on loan.
RECOVERY OF CHARGES FROM STATE GOVERNMENTS, PORT
TRUSTS, AND MINISTRY OF TRANSPORT AND COMMUNICATIONS,
ETC., IN RESPECT OF SURVEY, WORK
308. Recoveries at the rate by Government from time to time shall be made on
account of survey work carried out by the survey ships of IN on behalf of the
State Governments. Port Trusts and Ministry to Transport and Communications,
etc.
SUPPLY OF STORES TO PRIVATE INDIVIDUALS
409. Stores should not be issued from the Naval Dockyard or other Naval
formations to private individuals; but the Competent Financial authority may
within his financial powers given in Schedule XI of Appendix II-Part II (Navy) to
Vol. II of these Regulations allow the issue on payment at full repayment issue
rates of sextant-telescopes, binoculars and other navigational and mathematical
instruments required by them in exercise of their duties and of canvases, linen,
duck, devices of flags, "ensigns and other stores which they require for use on
board their vessels and which the competent financial authority is satisfied cannot
be obtained outside the Dockyard or other naval formations.
ISSUE OF COAL TO PRIVATE BODIES
410. The competent financial authority may within his financial powers given in
Schedule XI of Appendix II-Part II (Navy) to Vol., II of these Regulations allow
issue of coal from Naval Stores at full repayment issue rates in cases of extreme
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urgency. Any case in which the value of coal issued exceeds Rs. 1,500 (Rupees
One thousand five hundred only) including overhead charges should be reported to
Government of -India
RECOVERY FOR LOSSES IN TRANSIT
411. Should Government sustain any toss by masons of damage to, or deficiency
in, the quantity of stores delivered by the carrying companies, the value of such
loss is to be recovered as follows from the portion of the freight payable or from
the carrying companies provided the deficiency is not covered by the exceptions in
the Bill of Lading/Invoices.
I.
Description
of stores
Imported
stores
(excluding
Naval
Armament
Stores
explosives)
Recoveries to be
made
Latest Invoice
rate (Inclusive of
actual sea freight
etc.) plus customs
duty, If actually
paid.
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II.
Imported
Stores
Naval
Armament
StoresExplosives
III.
Indigenous
Stores
during
transit
between the
supplier and
the
Indenting
Depot.
IV.
Imported
Stores and
Indigenous
StoresDuring
Transit from
One Depot
(Station) to
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that the loss was due to defective packing. Important deficiencies in consignments
or defects in packing should, however, be reported by the consignee to the
consignor for investigations.
REFUND OF CUSTOMS DUTY ON GOODS, SHORT-LANDED
413. Authorities responsible for preferring claims for shortages stores during
transit by, sea will also be responsible for submitting claims for refunds of customs
duty on goods short landed. Such claims will be submitted to the Assistant
Collector of customs concerned within three months from the date on which the
duty due' on the bill of entry is entered in the register maintained at the customs
house for this purpose, otherwise they will become time-barred under section 40 of
the Sea Customs Act, 1878.
PORT CHARGES
414. Port dues and other charges, shall be levied by the Port. Trusts according to
their Schedules approved by the Government.
Foreign or Commonwealth men-of-war paying 'formal' or, 'informal'
courtesy visit to Indian Ports viz. Bombay, Calcutta, Madras, Vishakhapatnam and
Cochin are granted exemption from levy of charges on account of supply of water
and Cranes, boat hire, mooring dock dues and supply of tugs when such services
are rendered by the, local Naval authorities. Debit for the similar services rendered
by the Port Trusts will be accepted by the Navy and charged to Defence Service
Estimates.
In case where charges involved on account of these services are abnormal,
the matter is to be referred to NHO for obtaining suitable Government orders.
Charges of similar nature will, however, be levied from foreign men-of-war on
routine or operational visits to Indian Ports.
415. No charges shall be levied by Government moorings whether used for
Government vessels or men-of-war belonging to Her Majesty or any foreign
power. If however, Government vessels require special moorings to be laid and
maintained, the cost involved shall be recovered from the party concerned.
416 to 430 Blank.
ANNEXURE
(Referred to in rules 353, 355 and 356)
Rules governing the preparation of estimates of labour and material to be
expended in Dockyard and for the provision of expenditure on stores in
compliance with indents
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I.
The provision for labour and stores will he limited to the following services
in the Dockyard :
(a) The repair or refit of IN Ships which may be necessary to keep them
sea worthy and the conversion, alteration or addition to such ships as may
be ordered by competent authority.
(b) The, manufacture of repair of boats, barges, yard crafts, etc., required
and authorised for the efficient functioning of the I.N.
(c) The carrying out of the work in item (a) and (b) above for ship other
Navies when so authorised by rule or special sanction of Government and
on a payment basis unless otherwise ordered by competent authority.
(d) To carry out work on payment or book adjustment of other '
departments of Defence services, Central Government and State
Governments' as authorised by Competent Authority.
(e) To carry out work on payment for quasi-Government Departments,
private firms, private individuals and Dockyard personnel when such . work
can be undertaken without detriment or hindrance to the progress of work
under item (a) to (d) above.
(f)
To carry out original major works, original minor works or abnormal
repairs, etc., to Dockyard buildings for which Captain Superintendent is
responsible or which he is authorised to, in accordance with the provisions
of Naval Works Procedure.
II.
The issue of stores to ships/establishments will be regulated in accordance
with regulations and other orders issued by Government.
III. The detailed estimates for works of construction and repairs, etc., to be
executed in the Dockyard will be prepared in the manner prescribed by
Government and will be confined to such works as can be actually carried out in
the Dockyard.
Note 1.-The non-preparation of detailed estimates is waived up to 31.3.61 in
respect of certain types of works referred to In Government of India, Ministry of
Defence letter No. DY/0127/NHQ/1702- SOII/D (N-1) dated 13-9-60.
Note 2.-At present a programme for refit of ships only is being prepared.
IV. Under the present system of budgetary control, expenditure on both labour
and stores during a financial year is generally restricted to the amount provided in
the budget estimate for the purpose and subject to the observance of financial
limits and other instructions issued by Government.
V.
In the case of large works to be undertaken for State Governments and other
Departments (e.g. construction of vessel) the Dockyard authorities will frame an
estimate of the probable expenditure for, the year and will inform the State
Government or other Department concerned in order that they may arrange for the
amount thereof being included in their estimates, a corresponding amount on
account of such work being provided in the Naval estimates.
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VI. The provisioning of stores required for use in the IN is done by the
following authorities in accordance with the procedure laid down by the
Government from time to time in respect of each type of stores.
(i)
NHQ for Naval Stores.
(ii) NHQ for SPDC Stores.
(iii) Director of Armament Supply, NHQ, New Delhi for Naval Armament
Stores.
VII. The total expenditure of labour to be incurred in the Dockyard in a year is
generally estimated on the sanctioned complement of industrial establishment for
the Dockyard; the estimates being prepared in the form prescribed by CNS.
Mchk 110107
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