Para 13.39 — MSO (A&E)
Original Rule Text
13.39 Provisional payments of pay, allowances and leave salary can be made in accordance with the orders of the Governments concerned on the subject and also at the discretion of the A.G. to avoid unnecessary hardship to officers without involving undue risk. In allowing provisional payments, the A.G. should observe the following principles:-
(i) No provisional payment should normally be made without a request received from the authority that is competent finally to sanction the payment,
- Deductions
and the request should indicate the period (which should be short) for which payment should be passed provisionally.
(ii) The Officer should be clearly informed that the payment is provisional. A proper register should be kept to watch the receipt of the final orders and that provisional payments do not extend beyond the period for which they were authorised.
(iii) In a case where sanction of the Legislature is necessary, provisional payment should in no case be made even if the Government make a request with an assurance that a legislation will be passed shortly.
(iv) Permanent Government Servants may be authorised their pay and allowances on the basis of the substantive pay when sanctions to the continuance of temporary posts held by them have not been received in the Accountant General’s Office.
What This Means
The Accountant General can authorize provisional (temporary) payments of pay, allowances, and leave salary to avoid hardship to officers when final sanctions are delayed. However, strict safeguards apply: the request must normally come from the competent sanctioning authority, the officer must be told the payment is provisional, a register must track these payments, and no provisional payment can be made when legislative sanction is required. Permanent officers whose temporary post continuance is pending can receive pay at their substantive rate.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Provisional payments are allowed at AG's discretion to prevent unnecessary hardship
- 2Request must normally come from the authority competent to finally sanction the payment
- 3The officer must be clearly informed that the payment is provisional
- 4A proper register must track all provisional payments and watch for final orders
- 5Provisional payments are strictly prohibited when legislative sanction is needed
Practical Example
An Under Secretary's temporary post extension is delayed due to administrative backlog. To avoid leaving her without salary for months, the AG authorizes provisional payment at her substantive pay rate. The section maintains a register entry noting the provisional nature, the period authorized, and watches for the final sanction order.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
Can the AG make provisional payment on his own initiative?▼
Can provisional payment be made if a new law is needed to authorize the expenditure?▼
What happens to permanent officers when their temporary post sanction is pending?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.