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Rule 15 - Waiver of Recovery | KartavyaDesk

DFPR 1978delegation

Original Rule Text

(i) The Ministries/ Department should examine all proposal(s) in terms of the provisions laid down in Rule 15 of DFPRs. (ii) Ministries/ Departments should verify that in cases of waiver, no serious negligence has taken place on the part of any Government servant, which may call for disciplinary action by a higher authority. (iii) In case a Ministry/ Department is of the view that the loss is on account of a defect in existing rules or procedures, the same shall be brought to the notice of Department/ Ministry with authority to amend such rules or procedures. (iv) The guidelines issued by DoP&T vide its O.M. dated 02.03.2016 (Appendix- II) shall be strictly adhered to by the administrative Ministry/Department while considering waiver of excess payment made to Government servants. Each case of waiver should be recommended by the Financial Advisor and approved by the Administrative Secretary. (v) In cases where the waiver of recovery arises from a Court direction, the Ministries/ Departments should satisfy themselves that there is appropriate justification for not challenging such Court direction. (vi) In case a recovery which is subsequently waived is on account of

What This Means

Rule 15 of the Delegation of Financial Powers Rules (DFPR), 1978, focuses on how government departments should handle situations where money has been incorrectly paid out and the department is considering waiving the recovery of that money. Essentially, it's about ensuring fairness, accountability, and preventing future errors. The rule applies when an overpayment has been made to a government employee or another party, and the department is contemplating not recovering the excess amount. It affects all government ministries and departments, as well as any government employee who might be subject to an overpayment.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Ministries/Departments must examine all proposals for waiver of recovery based on Rule 15.
  • •Departments must verify that no serious negligence by a government servant led to the overpayment before considering a waiver.
  • •If the overpayment resulted from a flawed rule or procedure, the relevant authority must be notified to amend it.
  • •Waiver of excess payment to government servants requires recommendation by the Financial Advisor and approval by the Administrative Secretary, adhering to DoP&T guidelines.
  • •If a court directs a waiver, the department must justify why the court's direction shouldn't be challenged.

Practical Example

Ms. Sharma, a clerk in the Ministry of Agriculture, was mistakenly paid ₹10,000 extra in her salary for three months due to a clerical error. The accounts department discovered the overpayment and initiated recovery. However, Ms. Sharma appealed, claiming financial hardship. The Ministry, following Rule 15, examined the case. They found no serious negligence on Ms. Sharma's part and that the error was solely due to a system glitch. The Financial Advisor recommended a waiver of the recovery, considering Ms. Sharma's circumstances and the relatively small amount. The Administrative Secretary approved the waiver, ensuring compliance with DoP&T guidelines. The Ministry also reported the system glitch to the IT department for correction to prevent future errors.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What does 'waiver of recovery' mean in the context of Rule 15?▼
It means deciding not to recover an amount that was incorrectly paid out, usually to a government employee or another party.
Who is responsible for ensuring compliance with Rule 15?▼
The Ministries/Departments are responsible for examining proposals and ensuring compliance. The Financial Advisor and Administrative Secretary play key roles in the waiver process.
What happens if the overpayment was due to a defect in existing rules?▼
The Ministry/Department must bring the defect to the notice of the Department/Ministry with the authority to amend the rules or procedures.
Are there specific guidelines to follow when considering a waiver of excess payment to government servants?▼
Yes, the guidelines issued by DoP&T (Department of Personnel & Training) must be strictly adhered to. These guidelines are referenced in the original rule text.
What should be done if a court orders a waiver of recovery?▼
The Ministries/Departments should carefully consider whether there is appropriate justification for not challenging the court's direction.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Rule 15 of the Delegation of Financial Powers Rules, 1978, what is the primary responsibility of Ministries/Departments when considering a waiver of recovery of an overpayment?

Related Rules

Annexure IIDFPR 2024 - Annexure IIAppendix IDFPR 2024 - Appendix IRule 20DFPR 2024 - Rule 20 - (Expenditure from or incidence of charges on contingency fund of India)Rule 10DFPR 2024 - Rule 10 - (Re-appropriation)Rule 14DFPR 2024 - Rule 14 - (Insurance of Government property)

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