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Rule 42 - Overcharge Responsibility | KartavyaDesk

RPR

Original Rule Text

42. Overcharges.– Subject to such special orders as the Government may issue in any case, the responsibility for an overcharge shall rest primarily with the drawer of a bill and it is only in the event of culpable negligence on the part of the controlling officer or of the PAO that the question of recovery from either of them may be considered.

What This Means

Rule 42 of the Receipt and Payment Rules deals with the responsibility for overcharges in government bills. Essentially, it states that if a bill results in an overpayment, the primary responsibility falls on the person who prepared and submitted the bill (the 'drawer'). This means they are the first ones held accountable for the error. The rule aims to ensure that those preparing bills are careful and accurate in their calculations and submissions.

However, the rule also acknowledges that other officials might share responsibility in certain situations. If a Controlling Officer or the Pay and Accounts Officer (PAO) shows 'culpable negligence' – meaning they were clearly careless or failed to perform their duties properly – then the possibility of recovering the overcharge from them can also be considered. This ensures that those in supervisory roles are also diligent in their oversight of financial transactions. The Government can also issue special orders to modify the application of this rule in specific cases.

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

Key Points

  • •Primary responsibility for overcharges rests with the bill drawer.
  • •Controlling Officer or PAO can be held responsible only in cases of 'culpable negligence'.
  • •The Government retains the power to issue special orders modifying the rule's application.
  • •The rule aims to promote accuracy and diligence in bill preparation and financial oversight.
  • •Recovery of overcharge can be considered from Controlling Officer or PAO if they are negligent.

Practical Example

Mr. Sharma, a Junior Assistant in the Ministry of Rural Development, prepares a travel allowance (TA) bill for a senior officer, claiming ₹15,000. Due to a miscalculation of the distance traveled, the correct amount should have been ₹12,000. The bill is processed and paid. Later, an audit reveals the ₹3,000 overcharge. According to Rule 42, Mr. Sharma is primarily responsible for the overcharge, and the government will likely seek to recover the ₹3,000 from him. However, if the Controlling Officer, Mr. Verma, routinely signs off on bills without proper scrutiny, and it's proven he was aware of Mr. Sharma's frequent errors but did nothing, then the possibility of recovering a portion of the overcharge from Mr. Verma could also be considered.

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 'culpable negligence' mean in the context of Rule 42?▼
'Culpable negligence' refers to a level of carelessness or failure to perform one's duties that is considered blameworthy. It implies a significant departure from the expected standard of care.
If an overcharge is detected, does it automatically mean the bill drawer is penalized?▼
Not necessarily penalized, but they are primarily responsible. The government will likely seek to recover the overcharged amount from them. Whether further disciplinary action is taken depends on the circumstances and the severity of the error.
Can the PAO be held responsible for an overcharge even if they didn't directly prepare the bill?▼
Yes, but only if there is evidence of 'culpable negligence' on their part. This might involve a failure to properly scrutinize the bill before authorizing payment, especially if there were obvious errors or red flags.
What kind of 'special orders' might the Government issue related to Rule 42?▼
Special orders could address specific situations, such as waiving recovery of a small overcharge due to extenuating circumstances, or establishing a different allocation of responsibility in a particular department or agency.
Does Rule 42 apply to all types of bills and payments?▼
Yes, Rule 42 applies to all types of bills and payments processed under the Receipt and Payment Rules, unless specifically exempted by a special order from the Government.

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 42 of the Receipt and Payment Rules, who bears the primary responsibility for an overcharge in a government bill?

Related Rules

GeneralReceipt & Payment Rules, 2022 - GeneralRule 1Receipt & Payment Rules, 2022 - Rule 1Rule 11Receipt & Payment Rules, 2022 - Rule 11Rule 23Receipt & Payment Rules, 2022 - Rule 23Rule 12Receipt & Payment Rules, 2022 - Rule 12

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